4 Apr 2022
LAM KIN CHUNG v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD
- Citation
- [2022] HKCA 480
- Court
- Court of Appeal
- Case number
- CACV103/2018
The Court of Appeal held that a member of a charitable company has locus standi to apply for leave under ss.732-733 CO; the statutory test is membership, a serious question to be tried and that, on the face of the application, it appears to be in the company's interests. The Companys arguments that members of charities lack the requisite interest or must defer to the Secretary for Justice were rejected. Applying CIFF UKSC principles, members of charitable guarantee companies owe fiduciary duties to the charity's objects when voting, and member ratifications will be scrutinised as to whether…