HCMP 1593/2023
[2025] HKCFI 1934
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1593 OF 2023
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IN THE MATTER of Section 19 of the Limitation Ordinance, Cap.347 and an application by Lee Kwok Leung (李國良), Lee Raymond Ka Fai (李家輝), Lee Anthony Ka Ming (李家明), Lee Kam Lun, Cheung Ryan Hok Lam (張學霖), Cheung Daniel Yue Chew (張譽超), Cheung Tung Shun Thomson (張同信), Cheung Tak Sing (張德昇) and Cheung Siu Fung (張小鳳), for a Declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219
and
IN THE MATTER of the property known as all those pieces or parcels of land registered in the Land Registry as situate lying and being at Section A, Section B, Section C, Section D, Section E, Section F, Section G, Section H, Section I, Section J, Section K and the Remaining Portion of Lot No.827 all in Demarcation District No.26, Tai Po, New Territories, Hong Kong (collectively known as “the 827 Property”)
and
IN THE MATTER of, in respect of 827 Property, a Mortgage Memorial Instrument No. TP105489 dated 22nd April 1939 made between Mak Yiu Fu (麥耀富) (deceased) as Mortgagees of one part and Lo Kwai Shing (transliteration of ‘盧窺勝’) and Lo Kwok Fong (盧國芳) as Mortgagors on the other part registered in the Land Registry (“the 827 Mortgage”)
and
IN THE MATTER of, in respect of 827 Property, a Succession Memorial Instrument No.TP146647 dated 28th February 1962 with Mak Chik Wing (麥植榮) and Mak Wing On (麥永安) as the successors of Mak Yiu Fu (deceased) (“the 827 Succession”)
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Before:
Hon Cheng J in Chambers
Date of Judgment:
9 May 2025
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JUDGMENT
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1. Pursuant to my judgment of 22nd January 2025, the Applicants[1] have paid $6,800 into court to redeem the Mortgage and any interest thereon, and published the requisite advertisement. Nobody has applied to join these proceedings as a respondent.
2. I therefore declare that the property known as all pieces or parcels of land registered in the Land Registry as situate lying and being at Section A, Section B, Section C, Section D, Section E, Section F, Section G, Section H, Section I, Section J, Section K and the Remaining Portion of Lot No.827 all in Demarcation District No.26, Tai Po, New Territories, Hong Kong is free from the encumbrance constituted by the mortgage registered by Mortgage Memorial Instrument No.TP105489 in the Land Registry dated 22nd April 1939 made between Mak Yiu Fu (麥耀富) (deceased) as mortgagee of the one part and Lo Kwai Shing (transliteration of 盧窺勝) and Lo Kwok Fong (盧國芳) as mortgagors of the other part.
(Yvonne Cheng)
M. C. A. Lai Solicitors LLP for the Applicants
[1] Capitalised terms are those in my Reasons for Judgment dated 28th January 2025.