CHEUNG KOON YEUNG (張觀養), LEE CHEUK YIN (李卓賢)
Messrs. M.C.A. Lai Solicitors LLP
[2024] HKCFI 1169 · HCMP 1592A/2023
HCMP 1592/2023
[2024] HKCFI 1169
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1592 OF 2023
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IN THE MATTER of Section 19 of the Limitation Ordinance, Cap. 347 and an application by CHEUNG KOON YEUNG (張觀養) and LEE CHEUK YIN (李卓賢) 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 Registry as situate lying and being at Section A and the Remaining Portion of Lot No.647 both in Demarcation District No.26, Tai Po, New Territories, Hong Kong (collectively known as “the 647 Property”)
IN THE MATTER of, in respect of 647 Property, Mortgage Memorial Instrument No. TP61220 dated 21st January 1925 made between HOP I TONG as Mortgagee of one part and CHEUNG YI KWAN (transliteration of ‘張義坤’) as Mortgagor on other part registered in the Land Registry (“the 647 Mortgage”)
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J U D G M E N T
1. Further to my decision and order of 25th October 2023, and in the light of the Affirmation of Woo Pui Ki Kenneth filed on 23rd April 2024, I 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 and the Remaining Portion of Lot No.647 both 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. TP 61220 in the Land Registry dated 21st January 1925 made between Hop I Tong as mortgagee of the one part and Cheung Yi Kwan (transliteration of ‘張義坤’) as mortgagor of the other part.
Messrs. M.C.A. Lai Solicitors LLP, for the 1st and 2nd Applicants