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HCMP 1715/2014
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1715 OF 2014
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IN THE MATTER OF section 45 of the Trustee Ordinance, Cap 29
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IN THE MATTER OF section 18 of the New Territories Ordinance, Cap 97
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and |
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IN THE MATTER OF all that piece or parcel of ground registered in the Land Registry as Lot No 494 in Demarcation District No 94 (“Property”)
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IN THE MATTER OF the removal of the trustee, namely LAU KWAI (劉貴) named in the Conveyance on Sale registered in the Land Registry by Memorial No N172785
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LAU SHUI PING (劉歲平) |
Applicant |
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Before: Deputy High Court Judge S T Poon in Chambers
Date of Hearing: 19 August 2014
Date of Judgment: 19 August 2014
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J U D G M E N T
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1. This is the Applicant’s 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 Lot No 494 in DD No 94” (“the Property”).
2. By a Conveyance on Sale dated 22 November 1972 and registered in the Land Registry by Memorial No N172785, the Property was assigned to the Applicant as the Purchaser.
3. At the time of the conveyance, the Applicant was aged 19 and had not attained the full age of 21. Under the then section 3 of the Interpretation and General Clauses Ordinance the Applicant was still a minor. Accordingly, under section 18 of the New Territories Ordinance, the Applicant’s father, Lau Kwai (“the Deceased”), was appointed as the Applicant’s trustee to hold the Property and the appointment was effected by the registration under the Lands Registry in accordance with section 18.
4. The Applicant attained the age of 21 on 9 January 1975 but nothing was done to terminate the trusteeship of the Deceased over the Property. The Deceased passed away on 22 April 1996 without appointing any administrator or personal representative of his 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. The present case is similar to the situation in Re Wu Kwok Keung[1] and Re Cheung Po On[2] where vesting orders under section 45 were granted on an ex parte originating summons.
8. In the circumstances, I make the order in terms of the originating summons.
9. There will be no order as to costs for the application.
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(S T Poon)
Deputy High Court Judge
Court of First Instance
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Mr K H Chan instructed by Messrs Li, Wong, Lam & W I Cheung for the Applicant
[1] Unrep. HCMP 1383/2011, 12 September 2001.
[2] Unrep. HCMP 257/2013, 5 March 2013.
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