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HCMP 29/2017
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 29 OF 2017
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IN THE MATTER of All that Shop Space on the South side on Ground Floor of Man Cheong Building, No. 5 Tsing To Path, Tuen Mun, New Territories, Hong Kong (“the Property”) |
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and |
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IN THE MATTER of Section 25A of The High Court Ordinance (Cap 4) |
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BETWEEN
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LAU YUN LIN (劉潤年) |
Plaintiff |
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and
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KWAN TSEUNG COMPANY LIMITED
（均翔有限公司） |
Defendant |
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Before: Deputy High Court Judge Douglas Lam SC in Chambers
Date of Hearing: 14 March 2017
Date of Decision: 14 March 2017
Date of Reasons for Decision: 22 March 2017
Date of Corrigendum: 27 March 2017
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C O R R I G E N D U M
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Please note the following amendments in the Reasons for Decision dated 22 March 2017:
1. Paragraph 3 (1) be amended to read “The defendant was a Hong Kong incorporated company and at the material time the owner of the parcel of land and building constructed thereon known as Man Cheong Building, No 5 Tsing To Path, Tuen Mun, New Territories, Hong Kong;” ;
2. Paragraph 10 be amended to read “More fundamentally, as long as a Hong Kong company is and remains dissolved, its property is bona vacantia and belongs to the Government — section 752 of the Companies Ordinance (Cap 622) (“CO”). The proper defendant to the present application should therefore have been the Government, being the current legal owner of any residual interest in the Property that may have been vested in the defendant prior to its dissolution.” ; and
3. Paragraph 17 be amended to read “Similarly, in my view, the passage in Hong Kong Conveyancing Law and Practice mentioned above in relation to a company no longer in existence is wrong and should not be followed.” .
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(CHEUNG Man Kit)
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Clerk to Deputy High Court Judge Douglas Lam SC |
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