Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Removal of committee

  • 6 Aug 2009

    RE TYL

    Citation
    RE TYL
    Court
    Court of First Instance
    Case number
    HCMP1840/2006

    Madam Mak's unauthorised occupation of TYL's flat and her personal benefit from related transactions created a serious conflict of interest and breach of fiduciary duties and the rule against profit; accordingly she could no longer act as committee, the Official Solicitor was appointed as replacement and authorised to sell the property, and interim measures (three months to vacate and a HKD 16,000 monthly occupational rent) were imposed to protect TYL's interests.

  • 7 Feb 2006

    RE P

    Citation
    RE P
    Court
    Court of First Instance
    Case number
    HCMP136/1981

    Because Pang Kam Tong failed to comply with the court's directions to render accounts, delayed reporting the death of the co-committee member, resided outside the jurisdiction impeding supervision, and there were unexplained issues concerning compensation and occupation of co-owned property, the court properly exercised its power under s.26B(1)(b) of the Mental Health Ordinance to remove him and appoint the Official Solicitor as committee to investigate and administer the estate.