5 Mar 1984
HONG KONG & SHANGHAI BANK AND ANOTHER v. THE INCORPORATED TRUSTEES OF THE ISLAMIC COMMUNITY FUND OF HONG KONG AND OTHERS
- Citation
- HONG KONG & SHANGHAI BANK AND ANOTHER v. THE INCORPORATED TRUSTEES OF THE ISLAMIC COMMUNITY FUND OF HONG KONG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP631/1981
The phrase 'assist in social welfare work' in the Hong Kong context is a charitable purpose; however the Allah Ditta Welfare Society was not a properly constituted or functioning entity at the testator's death and thus the gift to it failed; accordingly the court gave effect to the testator's fallback clause by directing that the relevant moiety be held by the trustee on a court‑supervisable charitable trust with absolute discretion to distribute income for similar purposes, with first preference to West Pakistan, and ordered a scheme to be submitted for approval.