Man Chung Leung v. Man Wai Sing the Executor of the Estate of the Deceased Man Hing Kwai and Another

Read the full judgment text of HCMP 1205/2024 on BabelCite. This High Court CFI judgment was delivered on 29 January 2026.

1. This court handed down the Judgment dated 16 September 2025 (“ the Judgment ”) and ordered that Mr Man Wai Sing (“ Sing ”) be removed as the executor of the estate of the late Mr Man Hing Kwai (“ the Estate ”) pursuant to section 33(3) of the Probate and Administration Ordinance, Cap 10. In this Decision, I shall adopt the definitions used in the Judgment unless otherwise stated.

Cited by 1 case

Case No.HCMP 1205/2024[2026] HKCFI 577
Court
High Court CFI
Date29 Jan 2026
Judge
Case Document
100%Judiciary

HCMP 1205/2024

[2026] HKCFI 577

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1205 OF 2024

_____________

  IN THE ESTATE OF MAN HING KWAI (文興貴) late of No 169A1, Fan Tin Tsuen, San Tin, Yuen Long, New Territories, Hong Kong, deceased (the “Deceased”)
  and
  IN THE MATTER OF the Grant of Probate No HCAG004730/2020 (the “Grant”)
  and
  IN THE MATTER OF Order 85 of the Rules of the High Court (Cap 4A), and sections 33 and 56 of the Probate & Administration Ordinance (Cap 10)

BETWEEN

MAN CHUNG LEUNG (文忠良) Plaintiff
and
MAN WAI SING (文偉聲) the executor of the estate of
the Deceased MAN HING KWAI (文興貴)
1st Defendant
MAN LAI YEE (文麗儀) 2nd Defendant

_____________

Before: Deputy High Court Judge Kent Yee in Chambers (paper disposal)
Date of Written Submission (the Plaintiff): 7 November 2025
Date of Written Submission (the 1st and 2nd Defendants): 7 November 2025
Date of Decision: 29 January 2026

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DECISION

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Introduction

1.This court handed down the Judgment dated 16 September 2025 (“the Judgment”) and ordered that Mr Man Wai Sing (“Sing”) be removed as the executor of the estate of the late Mr Man Hing Kwai (“the Estate”) pursuant to section 33(3) of the Probate and Administration Ordinance, Cap 10. In this Decision, I shall adopt the definitions used in the Judgment unless otherwise stated.

2.A substitute administrator is necessary after the removal of Sing. In the Judgment, I direct parties to file evidence and submissions on their respective nominations.

3.By the 3rd Affirmation of Man Chung Leung filed on 28 October 2025, Leung nominates Ms Kwok Pung, a Certified Public Accountant.

4.By the 6th Affirmation of Man Wai Sing filed on 27 October 2025, Sing nominates Yee (currently known as Lai Yee Boyd).

Discussion

5.As rightly pointed out by HWG, in the skeleton submissions of Sing and Yee’s counsel previously lodged with this court, it was submitted that appointment of Yee is misconceived and Yee would not agree to be appointed as the substitute administrator. They owe this court an explanation for their complete change of position.

6.I agree with the submissions of HWG that Ms Kwok would be an ideal candidate. Her neutrality, professional knowledge and local experience makes her a better choice and would facilitate administration of the Estate particularly when the beneficiaries are at loggerheads. As submitted by Sing’s solicitors, litigation among them is to be expected.

7.The hourly rate of Ms Kwok appears to be modest and reasonable as well. Sing’s solicitors do not complain about her charge.

8.In the premises, I would make an order to appoint Ms Kwok to be the substitute administrator of the Estate. I further order that the assets and properties of the Estate be vested in Ms Kwok for her administration.

9.Lastly, I make an order nisi that costs arising from the nomination of Ms Kwok to be borne by the Estate.

  (Kent Yee)
  Deputy High Court Judge

Written Submission lodged by Messrs Hampton, Winter & Glynn, for the plaintiff

Written Submission lodged by Messrs Leung Kin & Co, for the 1st and 2nd defendants