Re Mak Ying Mui, Administratix of the Estate of Man for Tai William Alias Man Shui Tai, Deceased

HCMP 728/2022

[2022] HKCFI 2233

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 728 OF 2022

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Before:  Hon K Yeung J in Chambers

Date of Hearing:  20 July 2022

Date of Decision:  20 July 2022

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D E C I S I O N

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1.This is the application by the applicant by ex parte Originating Summons for a vesting order of the land known as ALL THAT piece or parcel of ground registered in the Land Registry as The Remaining Portion of Lot No. 3288 in Demarcation District No. 102 (the “Property”).

2.I have read the applicant’s affirmation in support. She is the widow of Man For Tai William alias Man Shui Tai (“Man”) and the administratrix of Man’s estate.

3.Man’s mother was Madam Wong Mui-tsai (the “Mother”).

4.As shown by the land search record and the Conveyance on Sale, the Property was assigned on 27 April 1961 to the Mother as trustee for Man as beneficiary.

5.The Mother passed away on 30 September 2010. Probate search suggests that no application for grant has been made in respect of the estate of the Mother.

6.The Property has remained registered in the Mother’s name as trustee for Man as beneficiary.

7.I have been referred to section 45(e) of the Trustee Ordinance Cap 29, Re Ho Siu Kay and Others [2021] HKCFI 2877 (28 September 2021), Re The Remaining Portion of Lot No 1168 in DD 124 (unreported, HCMP6021/2001, 7 December 2001) and Re Fung Kwok Fai and Fung Tak Yan (unreported, HCMP761/2012, 2 May 2012).

8.I am satisfied that a case has been made out for the vesting order of the Property in favour of the applicant. I make an order in terms of §§1 and 2 of the ex parte Originating Summons.

Ms Lam Hoi U of Kwok, Ng & Chan for the Applicant