Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Trustee ordinance s52(1)(e)

Legal area

Court

4 Aug 2020

TOKIĆ, D.O.O. v. HONGKONG SHUI FAT TRADING LTD AND OTHERS

Citation

[2020] HKCFI 1822
Court

Court of First Instance
Case number

HCA381/2020

Section 52(1)(e) of the Trustee Ordinance does not authorize vesting orders in respect of bank balances held by recipients of proceeds of fraud who are remedial constructive trustees or wrongdoers; the provision applies to true or de facto trustees only, therefore the court lacked jurisdiction to grant the sought vesting orders; alternative remedies (garnishee, HCO s25A orders) remain available.
16 Jan 2020

CHIU JUI JUNG v. LEGEND DYNAMIC SOLUTION LTD

Citation

[2019] HKDC 1701
Court

District Court
Case number

DCMP2861/2019

Plaintiff proved on the material before the court that he was defrauded and that the US$30,000 in the defendant's account is held by the defendant on constructive trust for the plaintiff; accordingly declarations and an order that the defendant return US$30,000 with interest and pay costs were granted, but an order under s52(1)(e) compelling the bank to release funds was refused and the plaintiff was directed to pursue garnishee proceedings under Order 49 r 2 if necessary.