RE TU SOKHA

HCMP 1101/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1101 OF 2010

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J U D G M E N T

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1.  The applicant’s father purchased the property described in the Schedule to the originating summons in 1972.  The property was assigned to the applicant’s father by an assignment dated 18 July 1972.  By a declaration of trust made on the same day, 18 July 1972, the applicant’s father declared that he held the property on trust for the applicant.  At that time the applicant was a minor aged 15 years. 

2.  Since the purchase of the property in 1972 the applicant has lived at the property.  He has the exclusive possession of the property. 

3.  The applicant’s father has lived in Cambodia at all material times.

4.  After the government in Cambodia was overthrown by the Communists in 1975 the applicant lost all contact with his father and other family members who lived in Cambodia.  Despite efforts made by him over the years to locate his family members the applicant has been unsuccessful in locating his father and his family members.  He has also been unable to find any record of his father’s death in the Births and Deaths Registry in Cambodia. 

5.  On the evidence before me I am satisfied that the applicant’s father as trustee of the property cannot be found and is out of the jurisdiction.  In my view this is a proper case for making a vesting order under section 45(b) of the Trustee Ordinance Cap. 29.  I am satisfied that an order should be made in favour of the applicant in this case. 

6.  I make an order in terms of paragraph (a) of the originating summons with no order as to costs.