XCHRX Re Sheung Shui Lot No.330 and 341 in Demarcation District No.52, Sheung Shui, New Territories

HCMP 175/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 175 OF 2001

____________

_______________

J U D G M E N T

_______________

1. This is an application under section 45 and section 46 of the Trustee Ordinance concerning two pieces of land in the New Territories being Sheung Shui Lot No.330 in Demarcation District No.52 and Section B of Sheung Shui Lot No.341 also in Demarcation District No.52 in Sheung Shui, New Territories.

2. The evidence disclosed in the affirmation of the Applicant shows that according to the land search of the properties, in 1930 both of these lots had been sold and the property was placed in the name of Liu Tam Kwai as beneficiary with Liu Ling Shi as his trustee. The evidence also shows that the Trustee Liu Ling Shi, also known as Liu Ling Chung, died in 1991 without having divested herself of the trusteeship of these properties.

3. Subsequently, the deceased also died. The Trustee having died in 1991, the beneficiary Liu Tam Kwai died in 1999 without having done anything to obtain the full title of the properties under his own name. The present Applicant is the administrator of the estate of the beneficiary. Accordingly, the Applicant is seeking an order that the two properties be now vested in the name of the Applicant as the administrator of the estate of Liu Tam Kwai, in other words, in the estate of the beneficiary.

4. I see from the evidence that this case is fairly straightforward and therefore it is not necessary to have a full hearing of this application.

5. Accordingly, I would make an order that Sheung Shui Lot No.330 in Demarcation District No.52 and Section B of Sheung Shui Lot No.341 in Demarcation District No.52, registered in the North New Territories Land Registry in the name of Liu Ling Shi, now deceased, as Trustee of Liu Tam Kwai be vested in the name of the Applicant Liu Wai Yip as the administrator of the estate of Liu Tam Kwai, deceased.