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
- HCA1191/2007
On the evidence and applying the threefold test for public charities, the court held the Lantau Properties and Happy Valley Property were held for a public charitable purpose for the advancement of Buddhism despite lack of formal trust instrument, whereas the Nathan Road Property was not exclusively charitable, formed part of the deceased's estate and is recoverable by the plaintiffs; the burden to prove a contrary beneficial interest lay on D1 and the oral wills and expert religious evidence did not suffice to divest legal title.