3 Aug 2016
MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
- Citation
- MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1193/2007
Applying the three Cheung Man Yu criteria and construing the Deed of Gift together with continuous historical use and donor intention, the court found the Happy Valley and Lantau Properties were held for a public charity advancing Buddhism (the Lantau trust continuing beyond express life interests), whereas the Nathan Road Property failed the exclusivity and public benefit tests and formed part of the deceased's estate; burden of proof lay on D1 and expert evidence on customary monastic practice did not displace legal requirements for a charitable trust.