Hong Kong Case Law: Decisions & Judgments

Topic

Unclaimed client assets

Legal area

Court

4 May 2026

RE CHELSEA SECURITIES LTD AND ANOTHER

Citation

[2026] HKDC 791
Court

District Court
Case number

DCMP5061/2025

Applicants held the listed assets on trust, lacked contractual power to dispose, and having taken reasonable endeavours to contact beneficiaries in the circumstances of dispersed foreign clients, it was expedient to grant leave under ss 56 and 62 TO and Order 92 RDC to pay specified cash into Court, to register or deposit certain securities with the Registrar and to dispose of low‑value or untransferable securities with proceeds to be paid into Court, with costs to be paid from the trust assets and applicants discharged upon compliance with notification requirements.
24 Mar 2026

DEUTSCHE SECURITIES ASIA LTD v. THE FINANCIAL SECRETARY AND OTHERS

Citation

[2026] HKCFI 1637
Court

Court of First Instance
Case number

HCMP589/2025

The Court was satisfied the plaintiff held the Cash, Shares and Dividends on trust and lacked power to dispose; the plaintiff had taken reasonable steps to trace beneficiaries; given the likelihood of a sub-trust and public interest, the Shares (to be sold), Cash, sale proceeds and Dividends were ordered paid into Court; the plaintiff may deduct its costs and expenses prior to payment but the claimed sums are substantial and summary assessment was refused and referred to a taxing master for detailed taxation; claimants will have a period to apply for payment out before transfer to general rev…
16 May 2025

RE SINO WEALTH SECURITIES LTD

Citation

[2025] HKCFI 2045
Court

Court of First Instance
Case number

HCMP392/2025

The court found from the contractual documentation that the applicant held the listed cash and share assets on trust for the six clients, was unable to contact the clients despite extended and repeated efforts, the sums involved are modest and would not unduly burden court resources, and it was therefore expedient to order payment of the unclaimed cash into Court, permit withdrawal and registration of physical share certificates and deposit into Court, and to allow sale/disposal of delisted shares if certificates cannot be obtained/registered within three months, with specified notification a…
9 Dec 2024

COL SECURITIES (HK) LTD (FORMERLY KNOWN AS CITISECONLINE.COM HONG KONG LTD OR FULLBRIGHT CORPORATION LTD) v. CHAN TSI MING

Citation

[2024] HKCFI 3541
Court

Court of First Instance
Case number

HCMP1481/2024

The applicant established that the unclaimed cash and securities were held on trust and that it had taken all reasonable steps to locate the respondent and obtain instructions; accordingly the court exercised its discretion under s.62 Trustee Ordinance to order payment of the unclaimed cash and securities into court and to discharge the applicant from obligations in respect of those assets; no order as to costs was made.
3 Mar 2022

GOLDIN EQUITIES LTD v. PERSONS STATED IN SCHEDULE I TO THE ORIGINATING SUMMONS FILED ON 23RD JUNE 2021

Citation

[2022] HKCFI 740
Court

Court of First Instance
Case number

HCMP871/2021

The court concluded that the applicant holds the unclaimed cash and securities on trust, that it had made sustained and reasonable efforts to notify and return assets, that further delay was not justified given continuing uncertainty from COVID-19 and the limited number of clients likely still to claim, and that in the exceptional prevailing circumstances leave should be granted under section 62 for the applicant to pay the unclaimed cash and physical share certificates into court subject to specified public and direct notifications and compliance with Order 92.
19 Dec 2012

RE PIPER JAFFRAY ASIA SECURITIES LTD

Citation

RE PIPER JAFFRAY ASIA SECURITIES LTD
Court

Court of First Instance
Case number

HCMP2569/2012

Because the applicant established that it holds the listed sums and securities as trustee, had taken adequate steps to notify clients, and the matter was non-contentious, the court declared the items to be held on trust, ordered payment into court, required specified publicity and letters, and deemed compliance with Order 92 r4 once those steps were taken.
17 Sept 2009

RE BOCOM INTERNATIONAL HOLDINGS CO LTD

Citation

RE BOCOM INTERNATIONAL HOLDINGS CO LTD
Court

Court of First Instance
Case number

HCMP1777/2009

The court declared the unclaimed cash and securities to be held on trust for the named clients, found the applicant had made reasonable efforts to contact the non-responding clients under Order 92 Rule 1, and therefore granted leave under Section 62 Trustee Ordinance and Order 92 for the applicant to pay the unclaimed assets into court subject to advertisement, service and the usual rules for dealing with unclaimed funds.
27 Jun 2006

RE UNI-ALPHA SECURITIES LTD AND ANOTHER

Citation

RE UNI-ALPHA SECURITIES LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP714/2006

The court held that the cash and securities detailed in the schedules are beneficially owned by the named clients and are held on trust by the applicants; accordingly the applicants must pay those unclaimed assets into court under section 62 Trustee Ordinance and give advertisement notice under Order 92, with payment-out and ultimate dealing to follow the procedures of Order 92 and Rule 23 Suitors Fund Rules.