XCHRX Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138

HCMP 7488/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 7488 OF 1999

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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 pursuant to Section 45 of the Trustee Ordinance, Cap. 29 Laws of Hong Kong.

2. I have looked at the documents exhibited to the affirmation of the Applicant. It is clear from those documents (which comprises registered documents in the Land Registry under the New Territories Ordinance) that in 1959, the Applicant's father Mr Tsang Shang became the registered owner of 15 properties, comprising 5 pieces of land and a 1/3 share of another 10 pieces of land.

3. The Applicant's father having died in 1961, the land was divided between the Applicant and his two brothers. However, the Applicant was at the time a minor, being only 7 years old, and so he took his share in the lands with his mother, Madam Fu Yau as trustee.

4. In 1967, part of the lands was sold and that does not concern me today. In 1995 (the Applicant having attained majority), there was a Vesting Deed executed by his mother, the trustee, in his favour. However, in relation to the properties which were assigned to the Applicant, what was assigned was only part of the lands to which the Applicant was entitled.

5. In 1996, about a year after the Vesting Deed was executed, the Applicant's mother died. It now having been made apparent to the Applicant that the Vesting Deed had not completely divested the lands from his mother's trusteeship, he now applies, by virtue of the present proceedings, for an order that the rest of the land that had not been included in the Vesting Deed be vested in him pursuant to Section 45.

6. The matter is clear from the papers, and therefore I would make an order that 1 equal undivided 9th part or share of and in all those pieces or parcels of grounds registered in the Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138, both in Demarcation District No. 113 and all those 2 equal undivided 27th parts or shares of and in all those pieces or parcels of grounds registered in the Yuen Long New Territories Land Registry as Lots Nos. 204, 279, 1130, 1135, 1137,1145 Section A, 1528 and 1534, all in Demarcation District No. 113 be vested in the Applicant.