Re Wu Kwok Keung

HCMP1383/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1383 OF 2011

----------------------------

----------------------

Before : Hon Suffiad J in Chambers

Dates of Hearing : 10 August 2011

Date of Judgment : 10 August 2011

-------------------------

JUDGMENT

-------------------------

1.This is an application by the Applicant Wu Kwok Keung for a Vesting Order, pursuant to section 45 of the Trustee Ordinance, Cap. 29, Laws of Hong Kong.

2.This application concerns :

(i) all that 1/10^th part or share of and all those pieces or parcels of ground situate at Tai Po, New Territories, Hong Kong, and registered in the Land Registry as Lots Nos. 87, 121, 1070, 1073 and 1207 all in Demarcation District No. 17; and

(ii) all that 1/10^th part or share of and in all those pieces or parcels of ground situate at Tai Po, New Territories, Hong Kong, and registered in the Land Registry as Lots Nos. 60, 1125 and 1196 all in Demarcation District No. 29 (collectively referred to as “the Property”).

3.The evidence in this case showed that on 30 January 1981 the Applicant acquired (inter alia) the Property via a Succession to Property registered in the Land Registry by Memorial No. TP 202097 from his late father Wu Fat at which time the Applicant was still a minor.

4.As a result, the Applicant’s mother, Wu Chan Kiu, was appointed as the trustee for the Applicant in accordance with the provisions of section 18 New Territories Ordinance, Cap. 97, Laws of Hong Kong.

5.On 5 June 2009 Wu Chan Kiu died at Tai Po Hospital, New Territories, at the age of 82.

6.Wu Chan Kiu had not during her lifetime vest the interest in the Property to the Applicant.

7.Apart from being the trustee and holding the Property on trust for the Applicant, Wu Chan Kiu left no property of her own in Hong Kong and therefore no grant of representation was made, issued or applied for in the Probate Registry in respect of her estate.

8.The Applicant now intends to sell the Property (which is still held on trust for him by Wu Chan Kiu) and asks for a Vesting Order in respect of the Property pursuant to section 45 of the Trustee Ordinance.

9.Given the above circumstances, I am satisfied that it would be in order for this application to proceed by way of an ex parte Originating Summons.

10.Accordingly, I would make the order that the Property held on trust by Wu Chan Kiu, deceased, for the Applicant, do vest in the Applicant absolutely for all the entire legal and beneficial estate and interest in the Property.

11.There will be no order as to costs.

Mr Chan Lap Tat Dickman of Messrs Dickman L.T. Chan & Co., for the Applicant