Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Constructive trust/life interest
  • 15 Jan 2004

    CHIN LAN HONG AND OTHERS v. CHEUNG POH CHOO AND OTHERS

    Citation
    CHIN LAN HONG AND OTHERS v. CHEUNG POH CHOO AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1208/2000

    Court found the 1982 assignment did not defeat the Father’s beneficial life interest; the 1st Defendant occupied as the Father’s licensee (not exercising exclusive possession) and that licence was not effectively revoked by the Plaintiffs’ notice and only terminated on the Father’s death; administrators of the one‑fifth share could lawfully authorise non‑exclusive occupation only after reseal of foreign letters of administration (11 Oct 2000); therefore trespass occurred only for the nine days between the Father’s death (2 Oct 2000) and reseal (11 Oct 2000), damages were assessed at HKD 36,81…