Re Peace World Investment International Ltd

HCMP 2201/2017

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2201 OF 2017

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D E C I S I O N

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1.By an ex parte originating summons issued on 11 October 2017, the applicant seeks a vesting order in respect of the properties known as (i) Section A of Lot No 725, and (ii) the Remaining Portion of Lot No 725, both in Demarcation District No 51 (“the Properties”).

2.The applicant is currently the registered owner of the Properties, having acquired the same from Joint Link Development Limited and Pang Kin Ker respectively by assignments both dated 29 August 2008.

3.The evidence before the court indicates that:-

(1)   the Properties were assigned to a person called Pang To Shi as trustee for Pang Kwai Ping, the predecessor in title of the applicant, pursuant to a Transfer of Property dated 23 December 1949;

(2)   Po To Shi left Hong Kong for England in the 1960s and has never since been heard of again; and

(3)   Po To Shi may have passed away in England in or prior to 2010.  I say “may have” because the evidence regarding her death is multiple hearsay in nature without particulars.

4.Even if Po To Shi is still alive, I am satisfied that she is out of the jurisdiction and/or cannot be found, and an order should be made to vest the Properties in the applicant under Section 45(b)(ii) of the Trustee Ordinance, Cap 29.  I also consider that it is expedient to do so in the circumstances of this case under Section 45(g) of that Ordinance.

5.Since the applicant has entered into a written agreement for the sale of the Properties to Faith Luck Corporation Limited and Win Million International Limited dated 11 July 2017, the order that I shall made is that, subject to the rights and interests (if any) of Faith Luck Corporation Limited and Win Million International Limited in the Properties, the entire legal and beneficial estate and interest of and in the Properties be vested in the applicant.

6.As mentioned in the course of the hearing, the applicant shall, within 21 days from the date hereof, file a corrective affirmation to correct the mistakes in paragraph 6(viii) of the affirmation of Fung Kwong filed herein on 11 October 2017.  Lastly, I make no order as to the costs of this application.

Miss Constance Leung, of Leung Kin & Co, for the applicant