Anthony Eric Ryan Hotung and Another v. Ho Yuen Ki

HCMP002031/2002

HCMP 2031/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2031 OF 2002

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Coram: Hon Chung J in Chambers

Date of Hearing: 26 June 2002

Date of Decision: 26 June 2002

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D E C I S I O N

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1.The Plaintiffs are two of the three beneficiaries under two declarations of trust of which the Defendant is the trustee. In short, the Plaintiffs seek in this action an order compelling the Defendant to executive four powers of attorney in their favour without putting an end to the trusts.

2.I agree with the submissions contained in the "Notes of Submissions" of defence counsel, especially paragraph 2 thereof, to the effect that beneficiaries cannot control the trustees without putting an end to the trust altogether. This action is therefore dismissed.

Representation:

Ms Catherine Por of Messrs Stevenson, Wong & Co., for the Plaintiffs

Mr Michael Yin, instructed by Messrs C K Mok & Co., for the Defendant

Remarks:
Appeal by Plaintiffs to Court of Appeal. Appeal dismissed. Please refer to Appeal Judgment of CACV000315/2002.