Li Lisa Sui Cheung v. The Personal Representatives of the Estate of Luk Yau Cheung Paul , Deceased

HCMP 645/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 645 OF 2016

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BETWEEN

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D E C I S I O N

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1.This application concerns the estate of Luk Yau Cheung, Paul, the deceased, who has one surviving mother, ie, the plaintiff, Madam Cheung, and his brother, Mr Peter Luk. 

2.The deceased passed away in 2013.  His estate has not been administered.  He left his last will, dated 24 April 2008, appointing one Madam Kwok Mui-fong to be the sole executrix of his estate, and by the last will the deceased also bequeathed all his estate to Madam Kwok absolutely.  Madam Kwok passed away in the following year.

3.The estate of the deceased consists of two landed properties, among other things.  By a written agreement dated 3 April 2013, Madam Kwok acknowledged that the estate needed to repay certain monies due and owing to the plaintiff.

4.This application is made under section 36 of the Probate and Administration Ordinance.  As explained in Re Ho Wai Man [2006] 4 HKLRD 421, per Andrew Cheung J (as he then was) at page 462 E to H:

“...where it appears to the court to be necessary or convenient to appoint some person to be the administrator of the deceased’s estate or any part of such estate other than the person who, if the ordinance had not passed, would by law have been entitled to a grant of administration of such estate.”

5.Ms Lee, for the plaintiff, submits that in all the circumstances of this case it is both necessary and convenient to appoint Madam Chan Chin-leung, Fiona, a practising solicitor of Messrs Boase, Cohen & Collins, to be the professional administrator.  I agree with her for the following reasons:

(1) On the evidence, I am convinced that all the necessary papers have been served on Hung, the eldest son of Madam Kwok, but he chose not to appear at this hearing.  According to the evidence of Peter Luk, Hung once replied that he was advised by his lawyer there was no need to attend this hearing at all.

(2) It is unknown whether Hung is the executor of the estate of Madam Kwok.

(3) Lastly, there is obviously a potential conflict of interest between the estate of Madam Kwok and the estate of the deceased.  Also, there is a potential conflict of interest between the plaintiff as a creditor of the estate of the deceased, rendering herself not to be a suitable person to administer the estate of the deceased, coupled with the fact that she is now 82 years old residing outside this jurisdiction.

6.In the premises, I agree with Ms Lee that Miss Fiona Chan is the appropriate person to act as the professional and independent administrator of the estate of the deceased, and her appointment is both convenient and necessary. 

7.I therefore accede to the application of the plaintiff and I make an order in terms of paragraphs 2, 3 and 5 of the originating summons.

Ms Connie Lee, instructed by Oldham, Li & Nie for the plaintiff

The defendant was not represented and did not appear