Those Pieces and Parcels of Ground Situate, Lying and Being At Yuen Long, New Territories Hong Kong and Registered in the Land Registry As Lot Nos. 1331 and 1333 in Demarcation District No. 129 (“ The Lots”)

HCMP 2602/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2602 OF 2006

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Before: Hon Sakhrani J in Chambers

Date of Hearing: 17 January 2007

Date of Judgment: 17 January 2007

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J U D G M E N T

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1.This is an application by the applicant for a vesting order under Section 45(e) of the Trustee Ordinance, Cap. 29.  These proceedings concern all those pieces and parcels of ground situate, lying and being at Yuen Long, New Territories, Hong Kong and registered in the Land Registry as Lot Nos. 1331 and 1333 in Demarcation District No. 129 (“the Lots”).

2.The evidence shows that by a Conveyance on Sale dated 18 January 1947 the Lots were assigned to Cheung Hok Shun (張鶴孫) also known as Cheung Hok Suen (張學算) also known as Cheung Hok Sin (張學先).  He e HHeHhhhhwas then a minor at the age of 17 years with his uncle Cheung Shu Yung (張樹容) as trustee. 

3.Cheung Hok Shun (張鶴孫) is the late husband of the applicant.  He passed away in 2002.  Letters of Administration was granted to the applicant on 21 March 2005 to administer the estate of her late husband.  Pursuant to the Letters of Administration the applicant was authorized to administer her late husband’s estate including his beneficial interest of and in the Lots. 

4.On the evidence it is clear that in 1947 the applicant’s late husband was a minor at 17 years of age.  He would have attained the age of majority at the latest by 1952. 

5.The trustee Cheung Shu Yung (張樹容) died in or about 1957 without having divested himself of the trusteeship of the Lots.  And by the time the late husband of the applicant died, nothing had been done to vest the Lots into his name. 

6.Although the deceased trustee passed away in 1957, from enquiries made by the solicitors for the applicant with the Probate Registry it is uncertain who is the personal representative of the deceased trustee.  I am satisfied in the circumstances that the Court ought to make a vesting order on the evidence before the court. 

7.I make an order that all those estates and interests held by the deceased trustee of and in the Lots be vested and registered absolutely in the name of the applicant as the administratrix of the estate of her late husband. 

Mr Enzo W. H. Chow, instructed by Messrs Hagon Wai & Partners, for the Applicant