RE YIP SHEUNG CHING AND ANOTHER

HCMP 606/2022

[2022] HKCFI 2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 606 OF 2022

________________________

________________________

________________________

________________________

J U D G M E N T

________________________

1.  The two applicants apply for vesting order in respect of various lots of land, namely, Lots Nos 529, 530, 992 and 1011 of DD 47, Lots Nos 360, 362 and 739 of DD 48 as well as Lot No 488 of DD 80, together with the messuages erections and buildings thereon. They ask for an order vesting in them 1/2 of the interest in these lots.

2.  The 1/2 interest in these lots was formerly owned by their later father (“the Father”), which has since his childhood been held by his own mother, ie the grandmother of the applicants, the late Madam Wan Kiu (“the Grandmother”) as trustee for him. The Father predeceased the Grandmother without his interest in these lots vested in him by the Grandmother.

3.  By letter dated 24 September 2021, the District Office approved the succession by the applicants of the Father’s interest in these lots so held by the Grandmother as trustee. Hence the present application by the applicants for a vesting order in respect of such interest.

4.  Section 45 of the Trustee Ordinance, Cap 29 authorises the court to make such a vesting order in these circumstances.

5.  There has been no grant of probate or administration of the estate of the Grandmother. Hence no identifiable and proper party to be served with these proceedings.

6.  I am satisfied that the vesting order sought ought to be made in these circumstances. No order as to costs.