Re Tang Chau Sang and Another

HCMP 3469/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3469 OF 2013

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J U D G M E N T

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1.This is an application for a vesting order under section 45 of the Trustee Ordinance, Cap 29. Section 45 provides:

“In any of the following cases, namely-

…

(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or …;

…

the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct, or …:”

2.The applicants are the beneficiaries of ¼ of the interests in Lung Yeuk Tau Siu Hang Lots 12, 14 and 15 in Demarcation District No. 83.

3.The interests in these lots were originally owned by the applicants’ father, Mr Tang Kat Shiu also known as Tang Shiu, Tang Kat Chiu and Tang Chiu, deceased. 

4.After the death of the father, the interests in the lots were succeeded to by the applicants’ mother, Madam Tang Hau Shi also known as Hau Yung, deceased as trustee for the benefit of the applicants.

5.Madam Tang also held interests in some other lots as trustee for the applicants.  Her trusteeship in respect of those interests was removed by a memorial dated 17 October 1973 and registered at the Land Registry by memorial no. N176065 and the applicants became the legal and beneficial owners of those interests.  However, the interests in the three lots above-mentioned had not been included in the removal of trusteeship.

6.Since Madam Tang did not own any beneficial interests in any property, no application was made for grant of probate or letters of administration was made for the administration of her estate and no personal representative of her estate was appointed. 

7.In the premises, I am satisfied that there is no one that should be served with the originating summons and it is appropriate for this application to be made ex parte. 

8.I am also satisfied that the interests as held by Madam Tang in the said three lots should be vested unto the applicants absolutely.  I also make no order as to costs.

Ms Constance Leung, of Leung Kin & Co, for the applicants