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Re Mok Kam Kwai and Others

Read the full judgment text of HCMP 815/2018 on BabelCite. This High Court CFI judgment was delivered on 5 July 2018.

1. I am satisfied that Lot 144 in Demarcation District No 183 in the New Territories is registered in the names of Mr Ng Din Ping (also known as Ng Tin Ping), Mr Tsang Kwong Yan and Mr Ng Chung Chi. The three owners, who are deceased, were holding the lot as trustees for the benefit of the 1st Applicant, the Sha Tin Rural Committee (which was mistakenly stated as the Shatin Rural Office in the memorial of sale no. ST1229999 and dated 24 January 1949).

Case No.HCMP 815/2018[2018] HKCFI 1739
Court
High Court CFI
Date05 Jul 2018
Judge—
Case Document
100%Judiciary

HCMP 815/2018

[2018] HKCFI 1739

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 815 OF 2018

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  IN THE MATTER of certain trust property known as LOT NO. 144 IN DEMARCATION DISTRICT NO. 183 (“Land”)
  and
  IN THE MATTER of section 42 and section 45(a) of the Trustee Ordinance, Cap 29

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  MOK KAM KWAI (莫錦貴), LEE CHE KEE ` (李志麒) and CHEUNG CHI YIN (張子賢) suing on behalf of SHA TIN RURAL COMMITTEE (沙田鄉事委員會) 1st Applicant
  MOK KAM KWAI (莫錦貴) 2nd Applicant
  LEE CHE KEE (李志麒) 3rd Applicant
  CHEUNG CHI YIN (張子賢) 4th Applicant

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Before:  Hon L Chan J in Court

Date of Hearing:  5 July 2018

Date of Decision: 5 July 2018

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D E C I S I O N

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1.I am satisfied that Lot 144 in Demarcation District No 183 in the New Territories is registered in the names of Mr Ng Din Ping (also known as Ng Tin Ping), Mr Tsang Kwong Yan and Mr Ng Chung Chi. The three owners, who are deceased, were holding the lot as trustees for the benefit of the 1st Applicant, the Sha Tin Rural Committee (which was mistakenly stated as the Shatin Rural Office in the memorial of sale no. ST1229999 and dated 24 January 1949).

2.I am also satisfied that the 1st applicant, which is the beneficiary of the lot, and the 2nd to 4th applicants, who are the chairman and the two vice-chairmen of the 1st applicant, have no means of knowing the whereabouts of the personal representatives or families of the said registered owners.

3.Since the three registered owners are dead, I order that the lot be vested in the names of the 2nd, 3rd and 4th applicants as trustees for and on behalf of the 1st applicant.

4.I make no order as to costs

  (Louis Chan)
  Judge of the Court of First Instance
  High Court

Mr Joseph Vaughan, instructed by Terry Yeung & Lai, for the 1st, 2nd, 3rd and 4th applicants