20 Dec 2002
WONG HO WING v. WONG HO KWAN
- Citation
- WONG HO WING v. WONG HO KWAN
- Court
- Court of First Instance
- Case number
- HCA4823/2001
On the found facts the younger brother promised to transfer his one-third interest in consideration of being made joint tenant of the Kowloon flat; equity imposes a constructive trust because it would be unconscionable for the younger brother to retain the interest; s.5 CPO does not defeat constructive trusts; therefore the one-third interest is held on constructive trust for the elder brother and must be assigned to him.