Hong Kong Case Law: Decisions & Judgments

Topic

Public charity

Legal area

Court

28 Jan 2021

MA WAH YAN AND ANOTHER DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

Citation

[2021] HKCFI 257
Court

Court of First Instance
Case number

HCA1191/2007

The court refused to grant an order to charge or an order to sell the Two Properties held for a public charity. There is no statutory basis under s.20A HCO to impose a charge on assets beneficially held by a charity; Order 45 r1/9 and Re Snowden do not support charging or sale of charity property to satisfy the plaintiffs' judgment; the court will not invoke inherent jurisdiction to circumvent clear statutory provisions and, even if available, would not exercise it given the plaintiffs' delay, failure to exhaust remedies, breach of stay and lack of public interest justification. The amended s…
24 Jan 2019

MA WAH YAN AND OTHERS v. DHARMA REALM BUDDHIST ASSOCIATION, INC.

Citation

[2019] HKCA 100
Court

Court of Appeal
Case number

CACV179/2016

Appeal dismissed because the trial judge correctly applied the Cheung Man Yu criteria and found insufficient evidence that donors intended the Nathan Road Property to be held exclusively for public charitable purposes; the donations were treated as gifts to the Deceased with discretion over use and the property was not used for advancement of Buddhism, so no charitable trust arose.
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.
7 May 2007

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

Citation

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
Court

Court of Appeal
Case number

CACV265/2006

The Court held that Lin Fat Tong was established in the early 1930s as a public charity for the advancement of religion; the donations and land were intended to be held in trust for the Tong as a quasi‑corporate charitable entity; the applicant was a trustee or quasi‑trustee with locus standi to protect the charitable funds and obtain disclosure and deposit; accordingly the substantive appeal was allowed and the applicant awarded costs, and the costs cross‑appeal was dismissed.
7 May 2007

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

Citation

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
Court

Court of Appeal
Case number

CACV213/2006

The Court held that the evidence (notably the 1932-33 donation books and contemporaneous conduct) established that the Lin Fat Tong was a charitable trust for the advancement of religion/public worship from the 1930s; the funds later held in company/bank accounts were trust property held for that charity; the applicant was a trustee or quasi-trustee and had locus standi to seek disclosure and the deposit of the funds; accordingly the substantive appeal was allowed and the court ordered disclosure and deposit in terms of para (a) of the originating summons, with liberty to apply as to other re…

Hong Kong Case Law

MA WAH YAN AND ANOTHER DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

MA WAH YAN AND OTHERS v. DHARMA REALM BUDDHIST ASSOCIATION, INC.

MA WAH YAN AND ANOTHER v. DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS