Re Leung Yuk Chun

HCMP1908/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1908 OF 2008

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Before:  Hon Lam J in Chambers

Date of Hearing:  22 October 2008

Date of Judgment:  22 October 2008

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J U D G M E N T

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1.I am satisfied that this is a case where the original grant by way of letters of administration to Madam Chow should not have been granted because of the fact that she died by the time when the grant was issued.  As such, that grant has to be revoked.  I therefore grant an order in terms of paragraph 1 of the originating summons.

2.As regards the representation of the estate of the deceased, after the revocation of grant it would be a matter for the Probate Registry to process any other application for grant.  I therefore make no order under paragraph 2. 

3.I also order costs of and incidental to this application be paid out of the estate of the deceased on indemnity basis.

Mr M C Tang, of Messrs Ma Tang & Co., for the Applicant