Re Ng Sua Kea

HCMP 3570/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3570 OF 2016

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R U L I N G

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1.This is the application for a vesting order by the applicants (purchasers) of the subject premises in order to deal with a defect in their title.

2.Based on the affidavit evidence filed by the applicants, the relevant chronology of events is as follows:

(i) The deceased (Madam Ng) became the owner of the subject premises by an Assignment dated 15 February 1971. 

(ii) Madam Ng passed away on 26 December 1989. The legal title of the subject premises remained in her estate of until 22 January 2003, when the letter of administration was granted to her son Chui Chun Fai (“Chun Fai”).

(iii) Meanwhile, by a Power of Attorney dated 16 May 1991, Chung Fai appointed Chui Yiu Fai (“Yiu Fai”) as his attorney to apply for and obtain a grant of letters of administration of the estate of Madam Ng.

(iv) On 27 September 1991, by an Agreement for Sales and Purchase, Yiu Fai sold the subject premises to the applicants at the price of $600,000.  Yiu Fai signed that agreement as the lawful attorney of Chun Fai, the intended administrator of the estate of Madam Ng. As such, the applicants acquired the beneficial interest in the subject premises, the purchase price having already been paid by them in full.

(v) However, Chun Fai passed away intestate in 2003 in USA without divesting himself of the trusteeship of the subject premises.

(vi) The surviving spouse of Chun Fai and her family now reside in Vietnam and they rarely return to Hong Kong.  The wife does not intend to apply for a grant of letter of administration for Chun Fai’s estate in Hong Kong or a grant de bonis non to administer the unadministered estate of Madam Ng.

(vii) The applicants moved in to the subject premises in 1992.  Ever since then their occupation of the subject premises has been peaceful and not subject to any challenges.

3.In the aforesaid circumstances and based on Those pieces and parcels of Ground Situate, lying and being at Yuen Long, New Territories Hong Kong and registered in the Land Registry as Lot Nos 1331 and 1333 in Demarcation District No 129 (“The Lots”), HCMP 2602/2006, I am satisfied that the present case falls within section 45(e), Trustee Ordinance (Cap 29) in that there is no personal representative of Chun Fai who was entitled to or possessed of the legal title of the subject premises, or it is uncertain who is the personal representative of Chun Fai who was entitled to or possessed of the legal title.

4.I am further satisfied that it is an appropriate case to vest the legal title of the subject premises in the applicants as joint tenants.  Therefore, I grant the vesting order sought.

5.There be no order as to costs.

Ms Candy Chan, instructed by Kevin L.H. Kwong & Co, for the applicant