20 Jan 2015
LAI KAM MAN AND OTHERS v. WONG JING AND OTHERS
- Citation
- LAI KAM MAN AND OTHERS v. WONG JING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2132/2013
The court held as a matter of law on the pleadings and available evidence that the Association cannot be a public charity: the defined beneficiary class (Hakka people resident in Hong Kong, China and abroad) is not an identifiable territorial or appreciably important section of the public and the memorandum contains many substantive non‑charitable objects and demonstrated non‑charitable activities (including political activity), so the Association fails the public benefit and exclusivity limbs of the Pemsel test; accordingly the Originating Summons is plain, bound to fail and is struck out an…