Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Encumbrance redemption

Legal area

Court

5 Jul 2023

FEIGN LARRY AND ANOTHER v. WAN YUNG HING

Citation

[2023] HKCFI 1791
Court

Court of First Instance
Case number

HCMP1632/2022

The court was satisfied the encumbrancer could not be found, that payment into court of HK$100 was reasonable and sufficient to redeem the encumbrance for the property 362/RP, and therefore granted leave to pay HK$100 into court subject to advertisement and procedural conditions, dispensed with other service and deferred any declaration of absolute vesting to a subsequent s 12A(2) application.
25 Mar 2010

RE LIGHT TIME INVESTMENTS LTD

Citation

RE LIGHT TIME INVESTMENTS LTD
Court

Court of First Instance
Case number

HCMP340/2010

The one‑stage approach is refused because s.12A(2) creates a post‑payment discretion that cannot be extinguished by a pre‑payment declaration; the court ordered payment into court under s.12A(1) but required publication and a waiting period before any declaration under s.12A(2) to protect unlocated encumbrancers and preserve the court's discretion.