XCHRX Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52

HCMP 1526/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1526 OF 2000

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J U D G M E N T

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1. This is an application under Section 45 of the Trustee Ordinance, Cap 29 for a vesting order. The evidence disclosed in the affirmations disclose that in 1941, the Applicant's father, Liu Muk Yau, succeeded to the captioned property with his mother Madam Liu Ho Shi as his trustee. In 1946, the Applicant was born to Liu Muk Yau and his wife. However, by then Liu Muk Yau had already died.

2. In 1979, the Applicant succeeded to his father's property which was at that time still under the trusteeship of his grandmother. The application for succession was signed by Madam Ho Tsuen, another name for Liu Ho Shi, as the Applicant's agent. For that reason, the Memorial was signed by Ho Tsuen as "agent".

3. In 1990, Ho Tsuen, also known as Liu Ho Shi, died. She has left no will, and no letters of administration have been granted in relation to her estate. The Applicant, therefore, asks for a vesting order to vest the legal estate in himself as the trustee has already died.

4. Now that it has been clarified what the registry meant by "agent" in the Memorial, it is clear from the evidence that the trusteeship of Ho Chuen, also known as Liu Ho Shi, had not been removed prior to her death. Consequently, it is appropriate for a vesting order to be made in favour of the applicant.

5. Consequently, I would order that the half undivided part or share of and in all those pieces of parcels of grounds situate, lying and being at Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Lots Nos. 377A and 524A both in Demarcation District No. 52 do vest in the Applicant absolutely for all the entire legal and beneficial estate and interest in the said property.