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Re Cheng Ting Yau

Case No.HCMP 1025/2010
Court
High Court CFI
Date21 Oct 2010
Judge—
Case Document
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HCMP 1025/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1025 OF 2010

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IN THE MATTER of the properties known as Lot No. 29, 32, 35, 36, 38, 42, 45, 49, 53, 55, 57, 60, 61, 64, 73, 76, 78, 79, 89, 96, 97, 100 in Demarcation District No. 195, Shatin, New Territories
 

and
 

IN THE MATTER of a mortgage between Cheng Ting Yau, deceased, as Mortgagor of the one part and Yau Choi (Tsoi) as Mortgagee of the other part as stated in the Block Government Lease of Demarcation District No. 195
 

and
 

IN THE MATTER of an application by CHENG KOON YAN and CHENG YUK WO for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap. 219
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Before: Hon Lam J in Court

Date of Hearing: 21 October 2010

Date of Judgment: 21 October 2010

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J U D G M E N T

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1.In this matter there is an application for a declaration under Section 12A of the Conveyancing and Property Ordinance in respect of certain lots in Shatin, and the matter has been heard by Justice Chung.

2.As explained in a number of judgments, the process under Section 12A is a two-stage process.  Justice Chung dealt with the first stage, granting leave to make payment into court.  Now I am dealing with the second stage.

3.Having read the papers, I am satisfied that the papers are in order.  Payment in has been made, and nobody has come forward, despite advertisement, to claim interest in the money paid into court.

4.I am prepared to grant a declaration that the properties are free from the mortgage, and this declaration can be registered at the Land Registry, which would have the effect of discharging the properties from the mortgage in question.

5.I will order accordingly.

(M H Lam)
Judge of the Court of First Instance
High Court

Messrs Lo, Wong & Tsui, for the Applicants, excused