XCHRX Re Lots Nos 438 and 460 both in Demarcation District No.187

HCMP 292/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 292 OF 2000

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J U D G M E N T

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1. This is an application by Originating Summons for a vesting order under Section 45(e) of the Trustee Ordinance, Cap. 29 of the Laws of Hong Kong.

2. The documents exhibited to the affirmation of the Plaintiffs show quite clearly that Law Fat also known as Law Yik Ming and Tse Ting Kiu had three children, namely Law Ying, Law Hung and Lo Kun Kiu also known as Law Chi Wah.

3. In 1950, by a Succession to Property registered under No. 125894, the property known as Demarcation District 187 Lots Nos 438 and 460 were transferred from Law Fat, who had by then died, to Law Ying, Law Hung and Lo Kun Kiu with their mother, Tse Ting Kiu also known as Lo Tse Shi as trustee. At that time, Law Ying and Law Hung were respectively 17 and 16 years old and Lo Kun Kiu was 10 years old.

4. In 1988, Tse Ting Kiu died without having vested the property of which she was trustee onto her three children, who had by then, attained the age of majority. The present application is for such a vesting order. The Applicants are all sui juris and it is clear from their affirmation that there has been no will made by Tse Ting Kiu, nor have any Letters of Administration been granted nor are any pending approval in respect of Tse Ting Kiu's estate. The land search which has been shown to me this morning also shows that there have been no dealings with the property by either Tse Ting Kiu or any of the Applicants.

5. In the circumstances, this is a clear case for a vesting order under Section 45(e) of the Trustee Ordinance and I would grant an order in terms of the Originating Summons.