13 Nov 2012
CHEUK SHU YIN v. YIP SO WAN AND ANOTHER
- Citation
- CHEUK SHU YIN v. YIP SO WAN AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV9/2011
The Court held that the creation of equitable beneficial interests (by resulting or constructive trust) in favour of persons who contribute to the purchase of HOS flats is not, in substance, an "alienation" within s.17B and therefore is not void nor criminal under s.27A; the statutory prohibition targets transfers or divestments of legal or equitable rights by a proprietor aimed at realizing the subsidy, not the imposition or recognition of equitable interests created by contribution or common intention.