XCHRX Re Land Lots Nos. 298 and 1070 both in Demarcation District No. 124

HCMP 5371/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 5371 OF 1998

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J U D G M E N T

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1. This is an application by way of originating summons for an order under the Trustee Ordinance that the trust in the name of Liu Yau Mui as trustee for Lin Jse Chien also known as Lam Chak Kin against the property registered in her name be removed and discharged.

2. The evidence shows quite clearly that the property (or what was originally the property) belonged at first to Mr Lam's grandfather. The grandfather had four sons and as part of a Division of Property in 1960, part of the property in question here had been assigned to Liu Yau Mui as trustee for Lam Chak Kin who was then in Taiwan. In 1961 there was an assignment of some other properties also to Liu Yau Mui as trustee for Lam Chak Kin.

3. At earlier hearings, I had made three queries. The first was why it was said that Lam Chak Kin was the personal representative of Liu Yau Mui when there were no probate or letters of administration. The second query related to a missing exhibit which has now been provided and the third query related to the assertion that Lam Chak Kin was entitled to be personal representative of Liu Yau Mui on the basis that he was her only son when the death certificate of Liu Yau Mui showed that she had another son namely Lam Chak Man.

4. The latest affirmation shows that Lam Chak Man was originally the son of Lam Chak Kin's father although by another wife but he had succeeded to the estate of a deceased uncle who had no children. Therefore, as far as succession to Lam Chak Kin's father was concerned that was succeeded to by Lam Chak Kin himself.

5. In relation to the aspect of personal representative, it is in any event unnecessary for there to be a reference to Lam Chak Kin "being the personal representative of Liu Yau Mui deceased" in the order because the basis of the vesting order is simply that Liu Yau Mui was the trustee for Lam Chak Kin. In any event, Lam Chak Man has since died so that if anyone is entitled to be personal representative of Liu Yau Mui, it would be the Applicant Lam Chak Kin in any event.

6. Accordingly, I am prepared to order that the trusts created by virtue of the Division of Property dated 5 December 1960 and registered in the Yuen Long New Territories Land Registry by Memorial No. 143449, and by an Assignment dated 13 March 1961 and registered in the Yuen Long New Territories Land Registry by Memorial No. 144147, both with Liu Yau Mui as trustee for Lin Jse Chien also known as Lam Chak Kin be removed and discharged, and that all that one moiety or half share or part of and in all that piece or parcel of ground registered in the Yuen Long New Territories Land Registry as Lot No. 298 in D.D. 124 and all that piece or parcel of ground registered in the Yuen Long New Territories Land Registry as Lot No. 1070 in D.D. 124 do vest and be registered in the name of Lin Jse Chien also known as Lam Chak Kin absolutely for the entire legal and beneficial interest therein, free and discharged from the said trusts.

7. There will be no order as to costs.