Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Resealing foreign grant

Legal area

Court

11 Feb 2025

RE BANK OF CHINA (HONG KONG) TRUSTEES LTD

Citation

[2025] HKDC 202
Court

District Court
Case number

DCMP5291/2024

The court concluded the applicant is a registered trust company, the disputed sums are trust property held since 2004 and have been unclaimed for more than six years; the applicant demonstrated it took reasonable steps to trace beneficiaries; accordingly s104 compelled payment into court and the court ordered payment into court and a declaration discharging the applicant upon compliance, with no order as to costs.
20 Jan 2006

RE LI YIP WANG

Citation

RE LI YIP WANG
Court

Court of First Instance
Case number

HCEA38/2005

The ex-parte application under section 36 PAO was declined because the applicant could not properly bypass the residuary legatee (the surviving wife) who has priority under rule 19 NCPR and because the Court will not permit the Estate Duty Office's investigations or Hong Kong probate procedures to be circumvented; the correct procedure is to obtain or reseal the wife's grant in Hong Kong and allow estate duty enquiries to run their course.