Re Tang Chiu Nang

HCMP 3037/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3037 OF 2015

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REASONS FOR JUDGMENT

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1.This is an application by ex parte originating summons for a vesting order under section 45 of the Trustee Ordinance Cap 29.

2.The applicant is the son of Tang Wan Hoi (alias Tang Wing Hoi) (“Father”) who passed away on 7 June 1976 in Hong Kong.  The applicant’s mother Chu Yuet Ming (“Mother”) passed away on 16 January 2000.

3.As evident from the land search records, the property known as one equal undivided seventh part or share in Section B of Lot No 3689 in Demarcation District 120 (2^nd Floor, 73 Castle Peak Road Yuen Long, Yuen Long, New Territories, Hong Kong) (“Property”) was originally purchased by the Father and the Mother on/about 17 January 1959.

4.At the time when the Father passed away, the applicant was not yet of majority age, so his interest in respect of the Father’s half share of the Property (ie half equal undivided seventh part or share in Section B of Lot No 3689 in Demarcation District 120 (“Subject Property”)) was placed in the name of the Mother as trustee for him.  By a Succession to Property dated 24 August 1977 registered at the Land Registry, the applicant with the Mother as trustee became the successor of the Subject Property.

5.The Mother passed away without transferring the Subject Property into the applicant’s name.

6.The applicant wishes to deal with the Subject Property.  He is seeking a vesting order to the effect that the Mother be removed as trustee in respect of the Subject Property and that the legal estate and interest of and in the Subject Property do vest in him absolutely on the basis that he is sui juris and he is entitled to the Subject Property by virtue of the Succession to Property dated 24 August 1977.

7.I am satisfied in the circumstances that there is no one to be served with the originating summons, and that it would be in order for the application to proceed on ex parte basis.[1] I therefore made the following order as sought in the originating summons at the hearing on 17 December 2015:

(a)  the Mother be removed as trustee of the applicant in respect of the Subject Property;

(b)  the legal estate and interest of the Mother in the Subject Property do vest in the applicant absolutely; and

(c)  there be no order as to costs.

Mr Derek Hu, instructed by Liu, Chan & Lam, for the applicant