XCHRX Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Section C of Lot No.3046 in Demarcation District No.91

HCMP4522/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO.4522 OF 2000

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D E C I S I O N

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1. This is an application by Mr Ho Chiu Ming for a vesting order under section 45(e) of the Trustee Ordinance, Cap.29 regarding a property registered in the North New Territories Land Registry as Section C of Lot No.3046 in Demarcation District No.91 ("the Property") on the ground that he was and is the beneficial owner at all times, that he is sui juris, and that he is desirous of dealing with his interest and estate in the Property. The application was made by originating summons issued on 29 August 2000 in the form of an ex parte originating summons.

2. The matter first came before me on 28 September 2000. I adjourned the matter sine die with liberty to restore because I was not satisfied on the evidence then available that the application should be by way of an ex parte originating summons. It was not clear to me if there was any other party that could and should be served with the originating summons. I indicated to the applicant's solicitors what further evidence was required to satisfy me on these matters. Further affirmations have since been filed. It seems to me that the evidence is now in order and that it would be proper to allow the application to proceed by way of an ex parte originating summons.

3. The relevant facts may be given as follows. By a Conveyance on Sale dated 1 October 1964, the applicant purchased the Property for $6,000. He was then aged 17. It was stated in the Conveyance on Sale and registered in the Land Registry that the applicant's father, Mr Ho Tong, was to hold the Property as the applicant's trustee. The applicant understood the nature of the transaction and he and his father had signed on the Conveyance on Sale.

4. The applicant's father passed away on 17 November 1978 without making a will and without having his trusteeship regarding the Property removed. The applicant's solicitors had conducted a search in the Probate Registry. It was confirmed that no Letters of Administration had been granted in respect of the estate of the applicant's father, nor were there Letters of Administration pending approval. The applicant's mother Madam Li Tai passed away on 24 August 1993. The applicant is the only child of his parents. There is no other person entitled to a share in the estate of his father on intestacy, and no other person who could be served with the originating summons.

5. In the circumstances, I make a vesting order in the terms of the originating summons.