Re Koo Chun Wing

HCMP 1174/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1174 OF 2014

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J U D G M E N T

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1.This is the Applicants’ application under section 45 of the Trustees Ordinance for a vesting order. The subject matter of this application is a piece of land described as “All that piece or parcel of ground registered in the Land Registry as section FG of Lot No 31 in DD6”. (“the Property”)

2.The applicants succeeded to the property on 7 June 1956 via a Succession to the Property registered by Memorial No TP134955 from their late father Ku Chan (古生).  As at the time of the succession, the applicants were respectively aged 19 and 16 and had not attained the full age of 21 under the then section 3 of the Interpretation and General Clauses Ordinance.  Hence they were still minors.

3.Accordingly, under section 18 of the New Territories Ordinance, their mother, Chan Moon, was appointed as their trustee and the appointment was effected by the registration under the Lands Registry in accordance with section 18.

4.The mother, Madam Chan, passed away on 9 February 1974 without appointing any administrator or personal representative of her estate. 

5.The applicants now intend to deal with the property and hence this application. 

6.After reading the affidavit evidence filed by the applicants and their solicitors and the evidence annexed thereto, I am satisfied that the above background facts were proved.

7.In the circumstances, I grant the application and order that the property held by Chan Moon (陳滿), also known as Ku Chan Mun, deceased, on trust for the applicants, Koo Chun Wing (古春榮) also known as Ku Chun Wing, and Ku Chuen Wah (古春華) also known as Ku Chun Wah do vest in the applicants, Koo Chun Wing (古春榮) also known as Ku Chun Wing and Ku Chuen Wah (古春華) also known as Ku Chun Wah absolutely for all the legal and beneficial estate and interest in the property.

8.There be no order as to costs for the application.

Mr J Wong, of Dickman L T Chan & Co, for the Applicants