Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of administrator pendente lite

Legal area

Court

16 Mar 2026

CHIU HAN LEE HENRY AND OTHERS v. WILLIE CHIU

Citation

[2026] HKCFI 1550
Court

Court of First Instance
Case number

HCAP41/2024

An APL appointed by the Hong Kong court may be empowered to collect in and protect estate assets located in Hong Kong and to collect title deeds in Hong Kong relating to foreign immovables, but the court will not authorize a Hong Kong APL to manage, lease or otherwise administer immovable property situated outside Hong Kong or to conduct foreign litigation on behalf of the estate; accordingly the APL's powers were limited to Hong Kong assets (including rental and outgoing management for four specified HK properties), to bank account maintenance, to opening a Hong Kong account, to investigate…
19 Apr 2023

WONG LUI v. A, XIABUZHA AND ANOTHER

Citation

[2023] HKCFI 1008
Court

Court of First Instance
Case number

HCAP18/2021

Appointment of independent professional administrators (two partners of PwC HK) was necessary and expedient because (a) investigations into the deceased's capacity and impugned transactions were required; (b) s25 PAO mandates at least two administrators where a minor beneficiary exists; (c) the applicant had potential conflicts and perceived lack of objectivity; and (d) independent administrators are best placed to conduct impartial investigations and negotiations and to protect the estate and interests of the minor beneficiary.
8 Feb 2023

CHOW LILY v. CHOW WAI WAI VIOLET AND OTHERS

Citation

[2023] HKCA 167
Court

Court of Appeal
Case number

CAMP202/2021

Leave to appeal was granted but the appeal was dismissed because adequate protective undertakings (including Oscar's PCH undertaking to give prior notice of disposals over HK$1,000,000 and to procure applicant's appointment to the Investment Committee) were secured, which addressed the primary risk of dissipation; hostility between executrices did not justify APL given the applicant's verified statement she would not act pending judgment and general law that co-execution is not required except for immovables.
4 Sept 2017

LAM MO CHU SUSIE v. LAM SIK YING VICTOR, Administrator of the Estate of Lam Tim alias Stan Lam Tim, deceased AND OTHERS

Citation

LAM MO CHU SUSIE v. LAM SIK YING VICTOR, Administrator of the Estate of Lam Tim alias Stan Lam Tim, deceased AND OTHERS
Court

Court of First Instance
Case number

HCA1974/2015

Given the court's prior findings of serious breaches of fiduciary duty by the 1st defendant in relation to the sale of the Estate's principal asset, the absence of a real arguable defence on Order 14, the ongoing disputes preventing proper administration and the need for an independent administrator, removal of the 1st defendant under s33(3) P&A Ordinance was necessary; Mr Ng Kin Yuen was an appropriate independent administrator and the specified costs orders were justified.
12 Jul 2017

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND OTHERS

Citation

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND OTHERS
Court

Court of Appeal
Case number

CACV83/2017

On the evidence (written submissions and hearing transcript) the 2nd Defendant had adopted a neutral stance at the hearing; the judge therefore erred in awarding costs against her and the costs order as to the 2nd Defendant was set aside, with no order for costs in the APL application between the Plaintiffs and the 2nd Defendant; on appeal the Plaintiffs were ordered to pay half the costs of the appeal to the 2nd Defendant, while costs of the leave application were reserved to be costs in the cause.
11 Feb 1998

HUNG JIN MUI v. TANG CHUI YUK ANGELA and Another

Citation

HUNG JIN MUI v. TANG CHUI YUK ANGELA and Another
Court

Court of First Instance
Case number

HCAP4/1997

No administrator pendente lite was appointed because the principal risk (dissipation and failure to collect the promissory note) was addressed by defendants' undertakings — interest on the promissory note to accrue from the date of the undertaking (without prejudice to earlier accrual claims) and Citywin not to dispose of or encumber its 90% interest in Wing Cheung Mansion — and because most estate assets were internal, subject to existing corporate procedures or a receiver for the restaurant, so appointment was unnecessary and disproportionate.

Hong Kong Case Law

CHIU HAN LEE HENRY AND OTHERS v. WILLIE CHIU

WONG LUI v. A, XIABUZHA AND ANOTHER

CHOW LILY v. CHOW WAI WAI VIOLET AND OTHERS

LAM MO CHU SUSIE v. LAM SIK YING VICTOR, Administrator of the Estate of Lam Tim alias Stan Lam Tim, deceased AND OTHERS

MAK NGUN TAI AND OTHERS v. FUNG MING IP AND OTHERS

HUNG JIN MUI v. TANG CHUI YUK ANGELA and Another