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
- HCA1192/2007
Applying established criteria for public charities and the evidence, the court found on balance that the Lantau Properties and Happy Valley Property were held for a public charity advancing Buddhism (supported by the Deed of Gift, long continued public use and conduct of the deceased), but the Nathan Road Property was not held exclusively for charitable purposes and therefore formed part of the deceased's estate; expert evidence about religious practice did not displace legal analysis and did not establish a legal obligation divesting the deceased of proprietary interests.