KIU YUK as Administratrix of the estate of TING WAI MAN, Deceased v. TING FEI AND OTHERS

HCMP 1022/2019

[2021] HKCFI 1047

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1022 OF 2019

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D E C I S I O N

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1.  This is the substantive hearing of the plaintiff’s Originating Summons for an order to compel the defendants to execute the necessary document, namely a “放棄繼承遺產聲明書”, in the presence of one Ms Tam Sau-ying (“Tam”), a China-Appointed Attesting Officer, in order to carry the terms of a Deed of Family Arrangement (“DFA”) executed among the plaintiff and the defendants in December 2016 into effect.

2.  The plaintiff obtained Letters of Administration of the Deceased’s estate on 11 July 2016.  On 12 December 2016, all parties hereto executed the DFA.  By the DFA, the plaintiff and the defendants have come into agreement regarding the distribution of the assets of the Deceased’s estate.  In particular, except for one particular property in Hong Kong that should go to the 4^th defendant, all landed properties within the Deceased’s estate (including those in Hong Kong and in mainland PRC) are to be distributed to the plaintiff. 

3.  Clause 5 of the DFA provides that the parties thereto, which include all the defendants, shall execute all and any assent or deed necessary to carry the DFA into effect. 

4.  The question for this court is therefore whether the document sought by the plaintiff is necessary to carry the DFA into effect. 

5.  At the beginning of this hearing, the plaintiff asked for a declaration in the form appearing at pages 38c to 38g of the Hearing Bundle, which basically sets out the detailed family history of the Deceased which the defendants are asked to verify. 

6.  After discussion with the court, the plaintiff accepts that Ms Tam, in her Affidavit dated 3 August 2020, has not in fact stated that it is necessary for the declaration to be in the detailed form appearing at pages 38c to 38g of the Hearing Bundle.

7.  Instead, at paragraph 10 of her Affidavit, Ms Tam stated that the declaration in the short form (ie, Form 1-3-2, pages 106 to 107 of the Hearing Bundle) sets out the basic requirements for a declaration renouncing one’s right to the succession of the Deceased’s properties. 

8.  As a fall-back position, the plaintiff asks for an order requiring the defendants to execute a declaration in the form appearing at pages 106 to 107 of the Hearing Bundle.

9.  Having considered Ms Tam’s Affidavit evidence, I am satisfied that the declaration in the form at pages 106 to 107 of the Hearing Bundle is necessary to carry the DFA into effect. 

10.  Accordingly, I will grant an order in terms of paragraph 1 of the Proposed Order at page 38a of the Hearing Bundle, save that the annexure marked “A” should refer to the document at pages 106 to 107 of the Hearing Bundle.