YUE WAI KEUNG v. CHINA CHENGTONG INVESTMENT CO LTD

HCA 1220/2021

[2026] HKCFI 4394

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1220 OF 2021

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BETWEEN

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DECISION

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Re: D’s Summons dated 5 March 2026 (“D’s Summons”)

1.  The Plaintiff (“P”) in this action has passed away after these proceedings have been commenced but under O.15, r.7 of the Rules of High Court, Cap. 4A (“RHC”) the cause of action survives and the action shall not abate by reason of his death.

2.  Under O.15, r.9(1) of RHC, where after the death of a plaintiff in any action the cause of action survives but no order under r.7 is made substituting as plaintiff, the defendant may apply to have the action struck out as against the plaintiff. However, where it is the plaintiff who has died, notice must first be given to the personal representative (if any) of the deceased and to any other interested person who in the opinion of the court should be notified. In Chu Kwok Kee Kookie v Chu Kwok Bing & Anor (unrep) HCA 2728/2015, 26 April 2017, Wilson Chan J held at §5 that O.15, r.9(1) clearly envisaged that a reasonable time should be given to the person intending to apply for a substitution order under O.15, r.9(1) before the action is struck out. In that case, he allowed three months from the date of order.

3.  I am satisfied from the affirmations filed by D that from the probate search done, it appears that P has no personal representatives and notice of this application has been given to his wife Madam Man, the only person known to D who may have an interest in P’s estate and the requirements for ordering proceedings to proceed in the absence of a person representing the deceased person interested in these proceedings under O.15, rr.15(1) and (2) of RHC are satisfied.

4.  Accordingly, I will order that:

(1) Unless a person applies under O.15, r.7(2) of RHC substituting as the plaintiff in this action within 21 days from the date hereof, P’s claim against D in this action be struck out;

(2) In any event, these proceedings do proceed in the absence of any person representing the estate of the deceased P; and

(3) Costs of D’s Summons be reserved.