RE INSTINCT INVESTMENT LTD and TO WAI NAM for a declaration under section 12A of the Conveyancing and Property Ordinance, Cap. 219

HCMP 1242/2025

[2026] HKCFI 1164

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1242 OF 2025

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D E C I S I O N

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1.  On 30 September 2025, I gave a decision to allow the Applicants to make a payment into court sufficient to redeem the Mortgage under section 12A of the Conveyancing and Property Ordinance (Cap 219) (“CPO”): [2025] HKCFI 4760. Specifically, I made the following directions:

(1)  Leave be given to the Applicants to pay HK$875 into court to redeem the Mortgage and any interest thereon.

(2)  Within 7 days after the payment into court is made, the Applicants should advertise in a widely circulated local Chinese newspaper a notice (a) making known this order and the fact that payment into court has been made pursuant to this order, and (b) stating that any person interested in the Mortgage and/or the payment into court may apply within 28 days to be joined as a respondent to these proceedings.

(3)  The Applicants may, after the lapse of no less than 35 days from the publication of the advertisement, make a paper application to the court pursuant to section 12A(2) of the CPO for a declaration that the Property is free from the encumbrance constituted by the Mortgage.

2.  I am satisfied that the Applicants have paid HK$875 into court to redeem the Mortgatge, and published an advertisement pursuant to the order in sub-paragraph (2) above on 15 October 2025. Upon the Applicants’ application under section 12A(2) of the CPO, I make a declaration that the Property is free from the encumbrance constituted by the Mortgage.

3.  I make no order as to costs.