XCHRX Re Lot No. 1168 in Demarcation District No. 124

HCMP 6021/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 6021 OF 2001

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J U D G M E N T

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1. This is an application for a vesting order under Section 45 of the Trustee Ordinance, Cap. 29. The background facts may be stated as follows.

2. By a succession to property dated 14 July 1959, the applicant, Lee Chik Ming, with Li Shek as his trustee, and Li Kwai Shu succeeded to the properties in Memorial No. 140490 being the properties of one Li Ki Yip, deceased. These properties included Lot No. 1168 in Demarcation District No. 124, Yuen Long, New Territories. Lot No. 1168 was later carved into Section A of Lot No. 1168 and resumed by the Government in or about 1972.

3. By an assignment dated 14 December 1978, the Remaining Portion of Lot No. 1168 ('the property') was assigned to the applicant. In the assignment, the assignors were stated to be Li Shui Ching, the applicant, and Li Kwai Shu and the applicant was the assignee. The applicant having attained the age of majority wishes to deal with the property. He has information that his trustee Li Shek had passed away more than 10 years ago, but he does not know the exact date of Li Shek's death. He seeks a vesting order on the basis that he is sui juris and is entitled to the property by virtue of the assignment dated 14 December 1978. The Originating Summons issued by the applicant is in the ex parte form.

4. The applicant's solicitors have made a general search of the records in the Births and Deaths Registry from 1980 to 2001. They have not been able to find any record of Li Shek's death. A probate search was also made in the Probate Registry of the High Court, but due to the limited information relating to Li Shek, the search has not yielded any result.

5. I am satisfied in the circumstances that there is no one to be served with the Originating Summons and that it would be in order for the application to proceed by way of an ex parte summons.

6. In the circumstances, I make an order as sought in the Originating Summons that the property is to vest in the applicant absolutely for all the entire legal and beneficial estate and interest of and in the property. I make no order as to costs.