XCHRX Re Li Kow Tsai

HCMP 73/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 73 OF 2001

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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 that the legal title, interest and benefit of and in all that one equal undivided half part or share of and in all that piece or parcel of ground registered in the Tai Po New Territories Land Registry as Lot No. 312 in Demarcation District No. 203 in the name of Li To Sang as trustee do vest in the Applicant.

2. The evidence adduced by way of exhibits to the affirmations is to the effect that in August 1959 the Applicant Li Ming succeeded to a number of pieces of land, including the subject piece of land, but with Li To Sang as his trustee. At the relevant time the Applicant was still a minor.

3. In October 1981, Li To Sang vested all but one piece of land to Li Ming. It would appear from the evidence that the subject piece of land was left out because in the copy of the "Chap Chiu" (i.e. the certificate of rent roll) that the Applicant had, this piece of land had been left out. At the time of the vesting in 1981, Li To Sang was already in his seventies. In 1991, Li To Sang died and according to the evidence, it was only thereafter that the Applicant became aware of the fact that he was also the beneficial owner of the subject piece of land.

4. I am satisfied from the fact that in the 1981 vesting, the trustee Li To Sang had executed a vesting assignment in favour of "Li Kow Tsai alias Li Ming" that the present Applicant who holds a passport in the name of Li Kow Tsai, but who has also made a statutory declaration to the effect that he is also known as Li Ming, is the beneficiary under the succession in 1959.

5. In all the circumstances, I am satisfied that there should be vesting of the property in the Applicant. A search has been conducted at the Probate Registry and there is no record of any application for the grant of probate or letters of administration of the estate of Li To Sang. Accordingly, it is suitable that the originating summons was issued in the terms that it is in and I would accordingly make an order under Section 45 of the Trustee Ordinance.