RE WU CHEUNG CHUEN

HCMP 373/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 373 OF 2015

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DECISION
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1.  This is the hearing of an ex parte originating summons for a vesting order pursuant to section 45 of the Trustee Ordinance, Cap 29.

2.  The applicant was born on 24 October 1963, and is now 51 years old.

3.  On 23 June 1982, the Property, namely, Section D of Lot No 79 in DD 128, was assigned to Tang Kam Yin (“Tang”) as trustee on behalf of the applicant, who was at that time a minor.  Tang was the  applicant’s mother. The appointment of Tang as the applicant’s trustee was made by the Assistant Land Officer pursuant to section 18 of the New Territories Ordinance, Cap 97.

4.  As confirmed by a Notarial Certificate of Death dated 3 November 2014, Tang died in Guangzhou on 4 May 2001.  The applicant stated in his affirmation that Tang did not hold any property in which she had beneficial interest during her lifetime.  A probate search at the Probate Registry conducted on 5 February 2015 by the applicant’s solicitors shows that no letters of administration have been granted in respect of the estate of Tang.

5.  Under section 45(e) of the Trustee Ordinance, “where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land”, the court may make a vesting order, vesting the interest in any such person as the court may direct.

6.  A sole beneficiary of full age and capacity is entitled at his own wish to terminate the trust and to demand the trustee to transfer to or vest in him the legal estate in the trust property (Re Pacific Good Investment Ltd, HCMP 366/2014 (5 March 2014), paragraph 11, per DHCJ Wilson Chan). There is no doubt that the applicant is beneficially entitled to the property.

7.  I also note that the court has made vesting orders in substantially the same situation in numerous precedents.

8.  I am satisfied that this is an appropriate case for me to make an order in terms of paragraphs 1, 2 and 4 of the ex parte originating summons.