RE SHA TIN, NEW TERRITORIES, HONG KONG AND REGISTERED IN THE LAND REGISTRY AS SECTION B OF LOT NO 543 IN DEMARCATION DISTRICT NO 179

HCMP 878/2018

[2018] HKCFI 1512

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 878 OF 2018

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D E C I S I O N

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1.  This application pursuant to section 45 of the Trustee Ordinance (Cap 29) concerns a property described as all that one equal undivided third or part share in all that piece or parcel of ground registered in the Sha Tin New Territories Land Registry Section B of Lot No 543 in Demarcation District No 179 and of and in the messuages erections and buildings thereon together with the sole and exclusive right and privilege to hold use and enjoy all that the first floor of the building (the “Property”).

2.  By way of a Deed of Gift dated 10 November 1999, Yau Ching Yau, also known as Yau Chin Yau, acting in consideration of love and affection assigned the Property to himself as trustee of Yau Wing Yip, who was at that time a minor.  Yau Ching Yau was the grandfather of Yau Wing Yip.

3.  The Deed of Gift was duly registered in the Land Registry.

4.  The evidence establishes that Yau Wing Yip has now reached his majority.  The evidence also establishes that Yau Ching Yau has passed away in April 2008.  The evidence further establishes that neither Probate nor Letters of Administration have been granted or are pending approval in respect of the estate.  There is accordingly no person who can execute a transfer of the Property to Yau Wing Yip who, having reached majority, is entitled to call upon the subject of the trust to be vested in him absolutely.

5.  Section 45(e) of the Trustee Ordinance provides the mechanism by which the court may make an appropriate vesting order, vesting the land in a beneficiary.

6.  This is a clear case in which a vesting order should be made.  There will accordingly be an order in terms of the originating summons.  There will be no order as to costs.