RE CHUNG KAI YIN

HCMP 751/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLENAOUS PROCEEDINGS NO 751 OF 2014

______________________

______________________

______________________

______________________

______________________

1.  The applicant is the beneficiary of Chung Uk Tsun Lot Number 57 of Demarcation District Number 124. According to the applicant’s understanding, his grandfather, Chung Nin-sang, has gifted him with a sum of money when he was still a minor child. The applicant’s father, Chung Ping-cheung, used such money to purchase the aforesaid property for him; the Conveyance on Sale dated 19 November 1955, registered at the Land Registry, reflected such transaction.

2.  The applicant’s father passed away on 23 February 1984.  There was a grant of probate in respect of his estate in favour of the applicant’s mother, So Mo-ching, and his uncle, Chung Chi-fai, on 22 May 1986.  Although the applicant’s affirmation dated 27 March 2014 stated that such grant of probate was exhibited, it was not.  A copy was handed to the Court at the hearing and the applicant’s solicitors undertook to file and serve further affirmation to exhibit such grant of probate on or before 15 May 2014. 

3.  It is apparent from the aforesaid grant of probate that the aforesaid property was not included in the schedule to the grant.  Subsequently, the applicant’s mother and uncle also passed away on 8 May 2004 and 24 March 2012 respectively. 

4.  A search was made by the applicant’s solicitors at the Probate Registry, but such search did not reveal any letter of administration or grant of probate had been granted in respect of the estates of the applicant’s mother and uncle.

5.  The applicant confirmed that the name of his uncle in the death certificate, Chung Chi-fei (F-E-I) and in the aforesaid grant, Chung Chi-fai (F-A-I) in fact referred to the same person.  There is therefore no one to represent the estates of the applicant’s mother and uncle. 

6.  I am satisfied in all the circumstances that there is no one to be served with the originating summons and that it would be in order to proceed by way of an ex parte summons. 

7.  In the circumstances, I make an order as sought in the ex parte originating summons that the aforesaid property is to vest in the applicant absolutely for all the entire legal and beneficial estate and interest of and in the aforesaid property, but such order shall not take effect until the applicant files the further affirmation to exhibit the aforesaid grant of probate in respect of the estate of the applicant’s father dated 22 May 2006.

8.  I make no order as to costs.

(Marlene Ng) Deputy High Court Judge