8 Feb 2021
FNG v. BCJ
- Citation
- [2021] HKCA 160
- Court
- Court of Appeal
- Case number
- CACV41/2020
Section 11(1)(a) is a protective, donor‑focused power primarily exercisable during the donor's lifetime; while the court may in rare circumstances exercise s11 after death, implementation must account for the revocation of the EPA and the role of personal representatives. Given the auditor had not been appointed and executors are responsible for administration, the judge correctly stayed the First Order; the appeal is dismissed.