Case Document

100%

HCMP 761/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 761 OF 2012

________________________

	IN THE MATTER of All those pieces or parcels of land situate lying and being at Lantau Island, New Territories, Hong Kong and registered in the Land Registry as Lot Nos 20, 50, 51, 82, 86, 107, 136, 159, 173 in DD 321, Lantau Island, New Territories (“the Lands”)
	and
	IN THE MATTER of Section 45 of Trustee Ordinance, Cap 29

________________________

BETWEEN
	FUNG KWOK FAI and FUNG TAK YAN	Applicants

________________________

Before: Deputy High Court Judge L. Chan in Court

Date of Hearing: 2 May 2012

Date of Judgment: 2 May 2012

________________________

J U D G M E N T

________________________

1.The applicants are beneficiaries of a number of lots in DD 321 in Lantau Island, the New Territories.

2.Some of these lots were acquired by their father by New Grants Nos. 4157 and 4144 on 30 December 1962. Their father passed away on 13 June 1963. The lots were succeeded to by their mother as trustee for their benefit.

3.The mother acquired more lots on 1 April 1964 also as trustee for the benefit of the applicants. The mother passed away on 28 October 2008 but had not vested these lots unto the applicants.

4.No grant of representation of the estate of the mother has been made. There is therefore no one to represent the mother’s estate.

5.In the premises, I am satisfied that the lots should be vested unto the applicants.

6.I order under section 45 of the Trustee Ordinance, Cap 29 that the lots referred to in these proceedings be vested unto the applicants as tenants in common in equal shares.

7.I make no order to costs.