Hong Kong Case Law: Decisions & Judgments

Topic

Succession

Legal area

Court

14 Nov 2025

CARNIVAL LTD v. THE PERSONAL REPRESENTATIVE OF HO YAN (何仁) ALSO KNOWN AS HO A YAN (何亞仁), DECEASED

Citation

[2025] HKCFI 5423
Court

Court of First Instance
Case number

HCMP1865/2023

Subsequent registered dealings and memorials over many decades in which the 1st Defendant participated or witnessed, combined with over 100 years without any challenge to the 1921 Division of Property and the operation of ss.7 and 17 Limitation Ordinance, remove any real risk of a successful third party claim; therefore the Court declared that title to the Lots vests in the Plaintiff and that the Plaintiff has shown good title despite the Requisition.
5 Sept 2024

RE CHEUNG SAI YIN

Citation

[2024] HKCFI 2352
Court

Court of First Instance
Case number

HCMP1053/2024

Applicant proved by clear documentary evidence (Land Registry memorials, Approval of Succession, statutory declaration and certified death entry) that he is the beneficial owner of the half shares, that those shares were held by his mother as trustee who died intestate without a personal representative, and therefore the court was justified under section 45(e) of the Trustee Ordinance to vest the legal title of the half shares in the Applicant absolutely.
28 Mar 2014

CHU PO LING v. CHUNG CHUN SHING

Citation

CHU PO LING v. CHUNG CHUN SHING
Court

District Court
Case number

DCCJ32/2012

Defendant had factual possession but failed to prove the necessary animus possidendi because his expressed willingness to pay rent if requested evidenced possession 'as of right' not adverse possession; further the court found on the balance of probabilities that rent had been paid through 25 January 2009 (including a payment of HK$2,100 in early 2005), so the tenancy persisted and limitation/adverse possession claim failed; accordingly plaintiff's claims for vacant possession, arrears and mesne profits succeed and the defendant's counterclaim is dismissed.
2 May 2012

RE FUNG KWOK FAI AND ANOTHER

Citation

RE FUNG KWOK FAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP761/2012

Because the trustee (mother) died without vesting the lots and no grant of representation had been made so there was no one to represent her estate, the court exercised its power under section 45 of the Trustee Ordinance to vest the lots in the applicants as tenants in common in equal shares.
10 Aug 2011

RE WU KWOK KEUNG

Citation

RE WU KWOK KEUNG
Court

Court of First Instance
Case number

HCMP1383/2011

Given that the Property was held on trust by the deceased trustee for the Applicant, that the trustee died without vesting the property and left no personal estate or grant of representation, and that the Applicant intends to sell the Property, the court was satisfied it was appropriate to hear the matter ex parte and to make a vesting order under section 45 of the Trustee Ordinance vesting the entire legal and beneficial estate in the Applicant.
29 Jun 2005

THE DIRECTOR OF SOCIAL WELFARE v. THE OFFICIAL SOLICITOR

Citation

THE DIRECTOR OF SOCIAL WELFARE v. THE OFFICIAL SOLICITOR
Court

Court of First Instance
Case number

HCMP582/2005

The Court granted the Director's application because POWJO s34 appointment of the Director concerns custody and control only and does not preclude the Court of First Instance, under its preserved inherent parens patriae jurisdiction (recognised by GMO s18(2) and Re P), from appointing the Official Solicitor as guardian of the minor's estate where the minor lacks a parent and requires administration of property and potential succession claims; GMO ss7 and 8 were inapplicable and the circumstances warranted appointment.
15 Feb 2005

張萬成 v. 地政總署署長

Citation

張萬成 v. 地政總署署長
Court

Lands Tribunal
Case number

LDMP11/2003

Extension of time refused because the statutory exemption under Cap.515 s4(1)(c) requires the qualifying interest/grant to meet the specified temporal criteria (presence on 30 June 1984 or replacement scenarios); the resite grant in this case was made on 3 April 1985 and the government's prior promise does not constitute an "interest" under s2, so the proposed appeal has no real prospect of success.
4 Nov 2003

CHOI WONG KOON LOI v. CHOI MA KIU

Citation

CHOI WONG KOON LOI v. CHOI MA KIU
Court

Court of First Instance
Case number

HCA7847/1993

The plaintiff failed to prove express or implied resulting trusts because documentary and credible oral evidence showed Choi Chan Cheung was Choi Po not Choi Kiu and there was no reliable proof that Choi Hing's funds purchased the Lots; without antecedent beneficial ownership or proof of unconscionable acquisition no constructive trust arose; consequently the plaintiff's claim failed and the writ registration was wrongful and must be vacated.
20 Feb 2002

WONG WAI SHING v. SAE YAB VICHIEN

Citation

WONG WAI SHING v. SAE YAB VICHIEN
Court

Court of First Instance
Case number

HCMP7733/1999

The court found the defendant failed to account for the missing link between the succession memorial and the subsequent sale memorial; the District Officer's signature does not validate the transaction; a vendor cannot rely on a document being pre-intermediate to avoid answering a requisition challenging root title; however certified memorials sufficed as cogent secondary evidence to prove due execution of the missing mortgage and redemption. Accordingly the defendant failed to show or prove good title to the property and the plaintiff may pursue damages.
12 Sept 2001

Re Li Kow Tsai

Citation

Re Li Kow Tsai
Court

Court of First Instance
Case number

HCMP73/2001

Evidence (1981 vesting assignment, passport and statutory declaration linking names and the succession facts) established that the applicant is the beneficial owner of the one undivided half share and, with no probate or administration recorded, the court was satisfied to exercise its power under s45 to vest the legal title in the applicant.