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Re Tu Sokha

Case No.HCMP 1101/2010
Court
High Court CFI
Date13 Jul 2010
Judge—
Case Document
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HCMP 1101/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1101 OF 2010

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IN THE MATTER of Section 45 of Trustee Ordinance, Cap. 29
and
IN THE MATTER of ALL THOSE two equal undivided 43rd parts or shares of and in ALL THAT piece or parcel of ground registered in the Land Registry as THE REMAINING PORTION OF MARINE LOT NO. 484 and of and in the messuages erections and buildings thereon known as Man Fung Building, Nos. 101 & 102 Connaught Road West, Hong Kong (“the Building”) Together with the sole and exclusive right to hold use occupy and enjoy All That Flat C on the 7th Floor of the Building

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TU SOKHA Applicant

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Before: Hon Sakhrani J in Chambers

Date of Hearing: 13 July 2010

Date of Judgment: 13 July 2010

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J U D G M E N T

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1.The applicant’s father purchased the property described in the Schedule to the originating summons in 1972.  The property was assigned to the applicant’s father by an assignment dated 18 July 1972.  By a declaration of trust made on the same day, 18 July 1972, the applicant’s father declared that he held the property on trust for the applicant.  At that time the applicant was a minor aged 15 years. 

2.Since the purchase of the property in 1972 the applicant has lived at the property.  He has the exclusive possession of the property. 

3.The applicant’s father has lived in Cambodia at all material times.

4.After the government in Cambodia was overthrown by the Communists in 1975 the applicant lost all contact with his father and other family members who lived in Cambodia.  Despite efforts made by him over the years to locate his family members the applicant has been unsuccessful in locating his father and his family members.  He has also been unable to find any record of his father’s death in the Births and Deaths Registry in Cambodia. 

5.On the evidence before me I am satisfied that the applicant’s father as trustee of the property cannot be found and is out of the jurisdiction.  In my view this is a proper case for making a vesting order under section 45(b) of the Trustee Ordinance Cap. 29.  I am satisfied that an order should be made in favour of the applicant in this case. 

6.I make an order in terms of paragraph (a) of the originating summons with no order as to costs.

  (Arjan H Sakhrani)
Judge of the Court of First Instance

Mr Billy N. P. Ma, instructed by Messrs Joseph Chu, Lo & Lau, for the Applicant