MAN CHUNG LEUNG v. MAN WAI SING the executor of the estate of the Deceased MAN HING KWAI AND ANOTHER

HCMP 1205/2024

[2026] HKCFI 577

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1205 OF 2024

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BETWEEN

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DECISION

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Introduction

1.  This court handed down the Judgment dated 16 September 2025 (“the Judgment”) and ordered that Mr Man Wai Sing (“Sing”) be removed as the executor of the estate of the late Mr Man Hing Kwai (“the Estate”) pursuant to section 33(3) of the Probate and Administration Ordinance, Cap 10. In this Decision, I shall adopt the definitions used in the Judgment unless otherwise stated.

2.  A substitute administrator is necessary after the removal of Sing. In the Judgment, I direct parties to file evidence and submissions on their respective nominations.

3.  By the 3^rd Affirmation of Man Chung Leung filed on 28 October 2025, Leung nominates Ms Kwok Pung, a Certified Public Accountant.

4.  By the 6^th Affirmation of Man Wai Sing filed on 27 October 2025, Sing nominates Yee (currently known as Lai Yee Boyd).

Discussion

5.  As rightly pointed out by HWG, in the skeleton submissions of Sing and Yee’s counsel previously lodged with this court, it was submitted that appointment of Yee is misconceived and Yee would not agree to be appointed as the substitute administrator. They owe this court an explanation for their complete change of position.

6.  I agree with the submissions of HWG that Ms Kwok would be an ideal candidate. Her neutrality, professional knowledge and local experience makes her a better choice and would facilitate administration of the Estate particularly when the beneficiaries are at loggerheads. As submitted by Sing’s solicitors, litigation among them is to be expected.

7.  The hourly rate of Ms Kwok appears to be modest and reasonable as well. Sing’s solicitors do not complain about her charge.

8.  In the premises, I would make an order to appoint Ms Kwok to be the substitute administrator of the Estate. I further order that the assets and properties of the Estate be vested in Ms Kwok for her administration.

9.  Lastly, I make an order nisi that costs arising from the nomination of Ms Kwok to be borne by the Estate.