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DCMP 3837/2024
[2025] HKDC 2185
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO 3837 OF 2024
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IN THE MATTER of the property known as ALL THOSE 2/178th parts or shares of and in Shau Kei Wan Inland Lot No.769 and Shau Kei Wan Inland Lot No.773 [Flat E on 6/F, Fu King Building, No.422 Shau Kei Wan Road, Hong Kong (“the Property”) |
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and |
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IN THE MATTER of a Mortgage dated 17th November 2023 and registered in the Land Registry by Memorial No.23112200520011 (the “Mortgage”) |
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and |
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IN THE MATTER of Sections 2, 3 and 6 of the Partition Ordinance (Cap.352) and Orders 83A and 88 of the Rules of the District Court (Cap.336H) |
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| BETWEEN |
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HONG KONG FINANCE (PERSONAL LOAN) LIMITED |
Plaintiff |
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and |
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SIN SO FONG |
1st Defendant |
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SIN CHOI HING |
2nd Defendant |
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| Before: |
Deputy District Judge Walker Sham in Court |
| Date of the Plaintiff’s Submission: |
19 December 2025 |
| Date of the 2nd Defendant’s Submission: |
19 December 2025 |
| Date of Decision: |
31 December 2025 |
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DECISION
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1. Upon my judgment handed down on 5 December 2025, the Plaintiff and the 2nd Defendant have, by their joint letter dated 19 December 2025, informed the Court that the Plaintiff and the 2nd Defendant have agreed the terms of the order, except the time for delivering vacant possession of the subject property in that the 2nd Defendant asked for 4 months whereas the Plaintiff would only agree to 28 days. A draft order has been prepared incorporating both the agreed and non-agreed terms of the order which has been circulated to the 1st Defendant on 15 December 2025 for her comment and there has been no reply from her as of 19 December 2025. The 1st Defendant has not made any submissions regarding the terms of the order or on the issue of costs.
2. I have considered the submissions made by the Plaintiff and the 2nd Defendant. According to the 2nd Defendant, he sought assistance from the registered social worker, Mr Anson Ng on 6 December 2025 and he was informed by Mr Ng that places in the transitional housing would now be allocated to the affected residents of the Tai Po Wang Fuk Court fire as a matter of priority and no transitional housing would be provided to the 2nd Defendant and that he would have to use his own means to find a new residence.
3. There cannot be any dispute that a large number of residents have been affected by the said fire and temporary housing is no doubt in high demand at the moment. Given this rather special circumstances, I am minded to allow 3 months for the 1st and 2nd Defendants to deliver vacant possession.
4. I make an order in terms of §1 and §§3 to 11 of the draft order. In respect of §2, I make an order that the 1st and 2nd Defendants do within 3 months after the service of this order deliver to the Plaintiff vacant possession and title deeds and documents in their possession (if any) of the Property. The Plaintiff’s solicitor do draw up the Order and serve it on both the 1st and 2nd Defendants respectively.
5. Lastly, I thank both counsel for their helpful submissions.
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( Walker Sham )
Deputy District Judge |
Mr Jason PH Wong, instructed by Siao, Wen and Leung, for the Plaintiff
The 1st Defendant appeared in person
Mr Vincent Chen, instructed by Y T Chan & Co, for the 2nd Defendant
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