11 Mar 2022
LAI CHIK KUN MICHAEL AND OTHERS v. THE BAPTIST CONVENTION OF HONG KONG
- Citation
- [2022] HKCFI 728
- Court
- Court of First Instance
- Case number
- HCA2741/2018
The court granted leave to amend to plead a charitable trust because the pleaded facts made it at least arguable that BCHK held School funds on charitable trust (requirements of certainty arguable), plaintiffs (alumni/donors) had sufficient interest including under s57A TO to sue, joinder of the Secretary for Justice was appropriate as parens patriae, and the defendant’s strike‑out application failed because it was not plain and obvious that the Subject Paragraphs were bound to fail or abusive.