Re Ho Tiap Fen and Another

HCMP 1154/2018

[2018] HKCFI 2322

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1154 OF 2018

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Before: Deputy High Court Judge Keith Yeung SC in Chambers

Date of Hearing: 12 October 2018

Date of Decision: 12 October 2018

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DECISION

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1.The two applicants are Ho Tiap Fen (“HTF”, also known as Ho Kong Shing) and Ho Mui Fen (“HMF”, also known as Ho Kon Thiam). They are brothers. This is their application for a Vesting Order pursuant to section 45(e) of the Trustees Ordinance, Cap 29, Laws of Hong Kong. The landed properties that the application is concerned with, which I will call below the “Properties” collectively, are ½ part or share of and in:

(a) Lot Nos 1405, 421, and the Remaining Portion of Lot No 247 all in Demarcation District No 82;

(b) Lot No 200 in Demarcation District No 86; and

(c) Lot Nos 73, 85, 87, 96, 101, 105, 112, 113, 187, 257, 476 and 490 all in Demarcation District No 87. 

2.The application is supported by the affirmation of HTF filed on 31 July 2018 on behalf of himself and HMF.  I have read the same.  I have also read the documents exhibited thereto, which include the land search records of the Properties and the applicants’ birth certificates.  According to that affirmation:

(a) The father (“Father”) of HTF and HMF was Ho Sham Wah.  He was described in HTF’s birth certificate as Ho Sem, and in HMF’s birth certificate as Ho Shem.  Ho Sham Wah, Ho Sem and Ho Shem referred to the same person;

(b) Ho Fu Wah (何富華) was a cousin of their Father;

(c) By a Succession to Property dated 12 August 1970 and registered via Memorial No N165861, HTF and HMF as tenants-in-common in equal shares succeeded from their Father his half undivided part or share of and in the Properties, with Ho Fu Wah as their trustee;

(d) Ho Fu Wah was named as the trustee because at the time of the Succession to Property, both HTF and HMF had not attained the age of 21;

(e) Ho Fu Wah passed away on 11 April 1982.  By the time of his demise, he had not divested himself of the interests in the Properties.  Enquiries undertaken on behalf of the applicants show that no probate or letters of administration has been granted in respect of Ho Fu Wah’s estate.  No personal representative is therefore entitled to or possessed of the interests in the Properties which remain registered in the name of Ho Fu Wah as trustee;

(f) Ho Fu Wah’s surviving son (in the name of Ho Tip Hi(何叠喜) has been contacted and notified of the present application.  He has no objection to the same.

3.In the circumstances, I grant the application and order, pursuant to section 45(e) of the Trustee Ordinance, that ½ part or share of and in the Properties held by Ho Fu Wah as trustee for the applicants be vested absolutely in the applicants as per the draft order placed before me.

Mr Wong Tin Yau, of Dickman L T Chan & Co, for the applicants