Re Lau Lee Wah

HCMP 2664/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2664 OF 2015

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REASONS FOR JUDGMENT
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1.The applicant was born on 22 October 1955. As evidenced by a death certificate dated 3 January 1992, the applicant’s father Lau Koon Sang (劉觀生) (“Father”) passed away on 1 January 1992 at the age of 91 years. As evidenced by a death certificate dated 30 July 1990, the Father’s kit-fat wife Ho Yin (何燕) predeceased him on 30 July 1990 at the age of 77 years. The persons entitled to the Father’s estate were the applicant and his sisters Lau Kiu (劉嬌) and Lau Fong (劉芳).

2.The applicant explained that no grant of probate or letters of administration had been issued in respect of the Father’s estate since he did not hold any property of which he had beneficial interest.  A probate search had been done by the applicant’s clerk and no grant in respect of the Father’s estate was revealed.

3.The applicant claimed to be the beneficial owner of ALL THOSE pieces or parcels of ground registered in the Land Registry as Lot No 530 in Demarcation District No 117, Yuen Long, New Territories (“Lot”) held under the trusteeship of the Father.  He explained that in/about August 1973, when he was 17 years old, he decided to buy the Lot for farming and/or other agricultural purpose for his own living.  He had to wait until he attained the age of 21 years before he was legally capable of holding property, so he requested the Father to act as his trustee to enable him to purchase the Lot.

4.By a Conveyance on Sale dated 24 August 1973 registered at the Land Registry under memorial no YL177244, the Father as trustee for and on behalf of the applicant purchased the Lot.  All along (including after the death of the Father), the trusteeship over the Lot was/is still subsisting and had not been discharged.  But since the Father had passed away and the applicant is sui juris, the trusteeship over the Lot no longer served any practical or useful purpose.

5.The applicant had recently attempted to apply for a discharge or removal of the trusteeship at the District land Office (Yuen Long), but was informed that his application could not be entertained for want of documentary consent by the Father or his personal representative.

6.On 23 October 2015, the applicant issued an ex parte originating summons for an order under section 45 of the Trustee Ordinance Cap 29 that the late Father be removed as trustee of the Lot, and that the entire legal estate interest and benefit of and in the Lot do vest in the applicant absolutely.

7.The applicant made the application on the basis that he is sui juris and entitled to the Lot. There is also no evidence of any claim to disturb the title in respect of the Lot throughout the Father’s trusteeship.

8.I am satisfied in the circumstances there is no one to be served with the originating summons, and it will be in order for the application to proceed on ex parte basis[1].

9.I have therefore made the following order at the hearing yesterday:

(a) Lau Koon Sang (劉觀生) be removed as trustee of the applicant in respect of the Lot;

(b) the legal estate, interest and benefit of the applicant in the Lot, being the entire legal estate, interest and benefit in the Lot, do vest in the applicant absolutely. 

10.I have also made no order as to costs.

Mr Liu Cheong Wang Jerome, instructed by W L Lai & Co, for the applicant.