Re To Mui Yuk

HCMP 1057/2019

[2019] HKCFI 2305

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1057 OF 2019

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Before: Hon K Yeung J in Chambers

Date of Hearing: 10 September 2019

Date of Decision: 10 September 2019

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D E C I S I O N

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1.The applicant is To Mui Yuk (杜梅旭). This is his application for a Vesting Order pursuant to Section 45(e) of the Trustee Ordinance, Cap 29, Laws of Hong Kong. The trustee concerned is To Pak Shing (杜百勝) alias To Pak Sing (杜百勝) alias To Pak San (杜柏申) (the “Trustee”). The landed property that the application is concerned with is Lot No 310 in Demarcation District No 82, North, New Territories, Hong Kong (the “Land”).

2.The application is supported by the applicant’s affirmation filed on 19 July 2019. I have read the same. I have also read the documents exhibited thereto, which include the Conveyance on Sale Memorial of the Land (Memorial No N142445), the land search record of the Land, the applicant’s birth certificate, and the death certificate of the Trustee. According to that affirmation:

(a) The Trustee was the applicant’s lawful and natural father;

(b) By a Conveyance on Sale dated 18 October 1960, the applicant purchased the Land;

(c) That Conveyance on Sale was registered in the Land Registry by Memorial No N142445. According to that Memorial, the Land was at “Lo Shu Ling”, which Chinese name is老鼠嶺, and that the purchaser was:

“ To Mui Yuk: To Pak Shing trustee of Lo Shu Ling — Purchaser.”

(d) The Trustee passed away on 28 August 1967 at Lo Shu Ling.  The cause of death was recorded as “OLD AGE (NATURAL CAUSE)”;

(e) According to land search record, the trusteeship has never been removed;

(f) The applicant is sui juris;

(g) No will of the Trustee has been found;

(h) No Letters of Administration has been granted in respect of the estate of the Trustee; and

(i) To Pak Shing (杜百勝) alias To Pak Sing (杜百勝) alias To Pak San (杜柏申) refer to the same person, ie the Trustee.

3.Before me also is the affirmation filed on 29 August 2019 of Yan Chun Yin, a clerk of the firm of solicitors acting for the applicant. He has conducted a probate search at the Probate Registry. No record of any Letters of Administration having been granted to the Trustee could be found.

4.In the circumstances, I grant the application and make the Vesting Order sought as per §1 of the Ex parte Originating Summons of 19 July 2019, that “All That piece or parcel of ground registered in the Land Registry as Lot No 310 in Demarcation District No 82, North, New Territories, Hong Kong (“the Land”) DO VEST in the applicant absolutely for all the entire legal and beneficial estate and interest in the Land”. I make no order as to costs.

Ms Winnie YT Li, instructed by Kelvin Cheung & Co, for the Applicant