Re Wong Duen Yuen

HCMP 1060/2018

[2018] HKCFI 2227

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1060 OF 2018

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Before: Deputy High Court Judge Anson Wong, SC in Chambers

Date of Hearing: 12 September 2018

Date of Decision: 12 September 2018

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D E C I S I O N

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1.This is an application taken out by the applicant by way of an ex-parte originating summons dated 11 July 2018 for a vesting order in respect of a property known as All That one equal undivided twelfth part or share of and in Lot No 1718 in Demarcation District No 6, Tai Po, New Territories, Hong Kong (the “Property”).

2.The Property was assigned on 25 November 1966 to the late father of the applicant who held the same as the trustee for and on behalf of the applicant.  That was done because at that time the applicant had not yet reached the age of majority and therefore the land was assigned to his late father as his trustee.

3.The applicant’s father passed away on 19 June 1997 without having dealt with the trusteeship in relation to the Property.  According to the evidence presented before the Court, no grant of probate or letters of administration was issued in relation to the estate of the applicant’s late father.

4.Under section 45 of the Trustee Ordinance (Cap 29), the Court is entitled to make a vesting order under various circumstances, one of which is this: “(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land”.  My attention was drawn to the decision of Deputy High Court Judge Marlene Ng in Re Lau Lee Wah (unrep, HCMP 2664/2015, 20 November 2015), in which the learned judge made a vesting order in similar circumstances.

5.I am satisfied that this is a case in which the Court has the power to grant a vesting order under section 45 of the Trustee Ordinance and I am satisfied that it is appropriate for the Court to do so.  I am also satisfied that there is no one to be served with the originating summons in these proceedings and that it is proper for the application to proceed on an ex-parte basis.

6.For the above reasons, I make an order in terms of paragraph 1 of the originating summons and I also make no order as to costs.

Mr Fu Mau Ping, of Rene Hout & Co, for the applicant