Re Wong Yiu Fai

DCMP 3010/2022

[2022] HKDC 1197

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO 3010 OF 2022

-------------------------

BETWEEN

-------------------------

BETWEEN

-------------------------

Before: Deputy District Judge Alfred Cheng (Paper Disposal)

Date of the Applicant’s written submissions: 3 October 2022

Date of Judgment: 26 October 2022

-------------------------

JUDGMENT

-------------------------

1.This is an application for a vesting order. The hearing for the application was scheduled on 20 October 2022. I acceded to the applicant’s request to dispose of this application on paper. I now give my Judgment.

2.The applicant’s father, Mr Wong Yung Po, was assigned several properties, including the property known as Section C of Lot No 2344 in Demarcation District No 129 (“the Trust Property”) by way of a Division of Property dated 7 August 1952. By an Assignment dated 9 May 1968, the applicant’s father assigned as a gift the Trust Property to the applicant, to be held by his father as his trustee, presumably because the applicant was still a minor.

3.The applicant’s father died intestate on 19 June 1982. I accept the evidence presented by the applicant that no personal representative has ever been appointed for his father’s estate.

4.Section 45 of the Trustee Ordinance (Cap 29) provides that:-

“In any of the following cases, namely—

…

(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;

…

the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct…”

5.As the trustee has died and there is no other interested party, I find that the applicant has satisfied the condition set out in section 45(e) of the Trustee Ordinance. I also agree that this application may proceed by way of an ex parte originating summons.

6.Based on section 45(e), this court is plainly empowered to grant a vesting order in favour of the applicant with respect to the Trust Property. I agree with the applicant’s submissions that such power should be so exercised. Hence, I now make an order in terms of §1 of the Originating Summons dated 11 August 2022.

7.There be no order as to costs for the Originating Summons.

Wong, Kwan & Co, for the applicant