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HCMP 1862/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1862 OF 2012
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BETWEEN
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LAU WAI WING |
Plaintiff |
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and
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YIP TAK MING (葉德明), Executor of the Estate of CHEUNG SO LIN, deceased |
1st Defendant |
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OFFICIAL RECEIVER
as trustee in bankruptcy of HO MAN-LING |
2nd Defendant |
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| Before: Deputy High Court Judge Wilson Chan in Chambers |
| Date of Hearing: 7 May 2014 |
| Date of Decision: 7 May 2014 |
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D E C I S I O N
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1. Regarding paragraphs 1 and 2 of the Amended Originating Summons, the 1st defendant does not appear to oppose the application, and Miss Chan, on behalf of the 2nd defendant, also indicated no opposition to the same.
2. Section 17 of the Land Registration Ordinance, Cap 128 provides that the:
“ Registration of a [charging order] shall cease to have effect at the end of 5 years from the date of registration...”
3. In the present case, it is not disputed that the charging order has not been re-registered after 2000, and its registration “ceased to have effect” as from 14 April 2000.
4. I accept the submissions of Mr Benjamin Chain, counsel for the plaintiff, that once the registration of a charging order lapses, the land is free from such encumbrance [see: also, Ocean Rich Investment Company v Leung Yiu Biu, HCMP 1908/1998 (Judgment of Yeung J, as he then was, dated 6 May 1999)].
5. Further, any proceedings by the 1st defendant on the charging order is time-barred [see: Re Li Man Hoo (a Debtor) [2013] 4 HKLRD 247].
6. As regards paragraph 3 of the Amended Originating Summons, the 2nd defendant does not oppose the application and does not lay any claim to the property.
7. For the reasons stated above, I make an order in terms of paragraphs 1, 2 and 3 of the Amended Originating Summons.
8. Mr Chain does not ask for any costs. Accordingly, I make no order as to the costs of the Amended Originating Summons.
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(Wilson Chan)
Deputy High Court Judge
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Mr Benjamin Chain, instructed by King & Co, for the plaintiff
1st defendant was not represented and did not appear
Miss Carman Chan, of the Official Receiver, for the 2nd defendant
Mr Benjamin Chain, instructed by King & Co, for the plaintiff
1st defendant was not represented and did not appear
Miss Carman Chan, of the Official Receiver, for the 2nd defendant
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