Hong Kong Case Law: Decisions & Judgments

Topic

Trustee ordinance s52

Legal area

Court

18 Jul 2023

YOUNG CHI KIN ERIC v. The personal representatives of ZHONG XIAN WEN, deceased AND ANOTHER

Citation

[2023] HKCFI 1783
Court

Court of First Instance
Case number

HCMP717/2021

On uncontested documentary and witness evidence the court found the Deceased held the one issued ordinary share on trust for the Plaintiff since about 30 April 2012; the circumstances fell within s52(1)(e) of the Trustee Ordinance and it was expedient to vest the right to transfer the share in the Plaintiff; accordingly the declaration and vesting order were granted.
24 Jun 2020

800 COLUMBIA PROJECT COMPANY LLC v. CHENGFANG TRADE LTD AND ANOTHER

Citation

[2020] HKCFI 1293
Court

Court of First Instance
Case number

HCA149/2020

Default judgments for monetary and declaratory reliefs were appropriate and granted because the plaintiff proved service, defendants defaulted, and the plaintiff pleaded restitutionary claims with genuine need for declarations that defendants hold the sums on constructive trust. However, vesting orders under section 52(1)(e) of the Trustee Ordinance were refused because s52 is directed to situations involving appointment or change of trusteeship; a person declared by the court to be a constructive trustee is not an 'appointed' trustee for s52 purposes and the statutory scheme anticipates vest…
24 Jun 2020

800 COLUMBIA PROJECT COMPANY LLC v. HONG KONG SHENSHILONG TRADE LTD AND OTHERS

Citation

[2020] HKCFI 1293
Court

Court of First Instance
Case number

HCA153/2020

Default judgments for monetary and declaratory reliefs were properly granted because the plaintiff was properly served, defendants failed to defend, the plaintiff pleaded restitutionary claims and showed a genuine need for declaratory relief; however, vesting orders under section 52(1)(e) of the Trustee Ordinance were refused because s52 presupposes an appointment or change of trusteeship and a person declared a constructive trustee is not necessarily an appointee of the court for the purposes of s52(1)(e), so the statutory preconditions were not met; plaintiff may enforce the judgments by ga…
3 Aug 2018

THE HENRI STERN WATCH AGENCY INC v.HK HUASHENG TECHNOLOGY DEVELOP CO, LTD AND ANOTHER

Citation

[2018] HKCFI 1972
Court

Court of First Instance
Case number

HCA1060/2018

The court was satisfied on the disclosed bank records and account movements that the funds in the defendants' accounts originated from the plaintiff; equity therefore imposed a constructive trust over those funds and, because recovery without court direction was unrealistic and the banks required protection, a vesting order under s52 Trustee Ordinance was appropriate. The court consequently granted the declaration and vesting orders in terms of the draft order.
18 Dec 2014

YICK FUNG SHIPPING AND ENTERPRISES CO, LTD v. HUANG BING

Citation

YICK FUNG SHIPPING AND ENTERPRISES CO, LTD v. HUANG BING
Court

Court of First Instance
Case number

HCMP851/2014

Because the defendant held the share on express trust, could not be found, and neglected to transfer the share within 28 days after written request, the court, pursuant to s52(1)(b)(iii) and (iv) Trustee Ordinance, vested the right to transfer and accrued dividends in the plaintiff.
6 Feb 2013

中國遠洋運輸(集團)總公司對顧馥山

Citation

中國遠洋運輸(集團)總公司對顧馥山
Court

Court of First Instance
Case number

HCMP1861/2012

The court found on the evidence that the defendant held the Shares as trustee, the plaintiff had validly requested transfer and had made adequate service attempts including substituted service; because the defendant could not be found s52(1)(b)(iii) and (iv) were satisfied and a vesting order was justified.

Hong Kong Case Law

YOUNG CHI KIN ERIC v. The personal representatives of ZHONG XIAN WEN, deceased AND ANOTHER

800 COLUMBIA PROJECT COMPANY LLC v. CHENGFANG TRADE LTD AND ANOTHER

800 COLUMBIA PROJECT COMPANY LLC v. HONG KONG SHENSHILONG TRADE LTD AND OTHERS

THE HENRI STERN WATCH AGENCY INC v.HK HUASHENG TECHNOLOGY DEVELOP CO, LTD AND ANOTHER

YICK FUNG SHIPPING AND ENTERPRISES CO, LTD v. HUANG BING

中國遠洋運輸(集團)總公司 對 顧馥山

中國遠洋運輸(集團)總公司對顧馥山