Re Lam Lap Fung

HCMP815/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 815 OF 2005

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Coram : Deputy High Court Judge L Chan in Chambers

Date of Hearing : 16 June 2005

Date of Delivery of Decision : 16 June 2005

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J U D G M E N T

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1.The applicant, Mr Lam Lap-fung, is the registered owner of the land registered in the North New Territories Land Registry as Lot No. 3507 in Demarcation District 93 together with the messuages, erections and buildings erected thereon (“the Land”).

2.The Land is subject to a mortgage noted in the Block Government Lease as “mortgaged to Lam Chung-tak (and) Lam Shu-fu of Chik Mi for $11, Mortgagee in possession.”  The Block Government Lease does not disclose any address of the mortgagees.

3.The applicant’s solicitors have made diligent efforts to locate the mortgagees but without any success.  The assignor of the Land, who is the applicant’s grandmother, also has no knowledge about the mortgagees.

4.On 10 May 2005, I made an order allowing the applicant to lodge in this court, to the credit of these proceedings, $2,300 to be deposited in an interest bearing account with the interest for the benefit of the mortgagees.  I am of the view that such sum is enough for the redemption of the mortgage and the interest thereon.  That sum has been duly lodged with this court on 17 May 2005.  I refer to Re Cheung Chi Wang, HCMP 6097 of 2001 and Man Chi Kkan v Man Tsak Lun, HCMP 4945 of 2002, both decision of Lam J and adopt the reasoning therein.

5.In the premises, I declare the land to be free from the said mortgage.  Since the applicant is not seeking any costs, I make no order as to costs.

Representation:

Mr Kenny W K Chan, instructed by Messrs Terry Yeung & Co., for the Applicant