RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

HCMP 1009/2022

[2022] HKCFI 2964

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1009 OF 2022

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DECISION

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1.  This is an application for a vesting order under section 45 of the Trustee Ordinance (Cap 29).

2.  The applicant is the son of the late Chau Yuk Wong (周玉煌) also known as Chow Yuk Wong (“Deceased”) who passed away on 13 June 2011.  Letters of Administration in respect of his estate were granted to the applicant on 11 February 2022.

3.  The Deceased’s entire estate in Hong Kong comprises a piece of land known as Sub-Section 1 of Section B of Lot No.134 in Demarcation District No.147 (“Property”).  The land search records showed that the Property was acquired by Chow Ma Fat (周馬發) also known as Chau Ma Fat as trustee (“Trustee”) (who is the elder brother of the Deceased) for the Deceased as beneficiary by virtue of an instrument titled “Sale” dated 28 July 1952 and registered under Memorial No.129421.

4.  The Trustee passed away in Hong Kong on 22 April 2014 without vesting the legal interest in the Property to the Deceased during his lifetime.  Based on the Probate Registry records, no probate or Letters of Administration were issued in respect of the estate of the Trustee.

5.  Section 45(e) of the Trustee Ordinance provides that where, as in the present case, there is no personal representative of a deceased trustee (namely, the Trustee) who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of the deceased trustee who was entitled to or possessed of any interest in land, the Court may make an order vesting the land or interest therein to any person and in such manner as the Court may direct.

6.  I am satisfied that a vesting order should be made in favour of the applicant so that he can properly administer the estate of the Deceased.  I therefore make the following order:

“The entire legal and beneficial estate and interest in ALL THAT piece or parcel of ground registered in the Land Registry as SUB-SECTION 1 OF SECTION B OF LOT NO.134 IN DEMARCATION DISTRICT NO.147 be vested on CHAU KIN LUNG (周健龍) as administrator of the estate of CHAU YUK WONG (周玉煌) also known as CHOW YUK WONG, deceased, absolutely.”

7.  I make no order as to costs of this application.