RE LEE LIN SHING also known as LI LIN SHING

HCMP 2436/2024

[2025] HKCFI 258

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2436 OF 2024

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BETWEEN

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D E C I S I O N

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1.  This is an application for a vesting order under section 45 of the Trustee Ordinance, Cap 29.

2.  By a Succession dated 5^th August 1964 registered by Memorial No IS 77866, the Applicant was appointed as one of 3 successors of, amongst others, Lot No 1119 of Demarcation District No. 3 in Tung Chung (“the Property”) of 李東勝, his great-grandfather. The Deceased was then still a minor aged 17, but the Succession described him as 18 according to the Chinese custom of treating a new born baby as one year old. His adoptive mother, Madam Tse Fung Tai (謝逢娣) was named as his trustee of 1/3 share of the Property. She remains the trustee notwithstanding that she had passed away on 3 August 1986.

3.  The Applicant’s solicitors have done a probate search. No probate or letters of administration have been issued in respect of the estate of Madam Tse deceased.

4.  Lee Yuk Lin, Madam Tse’s only natural child, has been served but has not responded. It transpired that she has passed away in 2020. Lee Yuk Lin was married and is survived by her son, now aged 70. He confirmed that he has no objection to the present application after being served with the papers and notice of today’s hearing.

5.  I am satisfied that it is appropriate for this application to proceed.

6.  I am satisfied that the Applicant is the beneficial owner of 1/3 share of the Property.

7.  There are differences in the spelling of surnames for “李”:

(1) That of the Applicant and in the Succession was “Lee” and “Li” respectively;

(2) That of 李東勝 was “Li Tung Shing” as shown in the Succession and “Lee Tung Sheng” in the land search record and schedule of Block Government Lease;

(3) Those spellings shown in the Succession to be “Li” of李甲福 (Applicant’s father) and 李有福(Applicant’s uncle).

8.  I am satisfied that these were due to the differences in transliteration of the surname 李at a time when a lot of people did not know the English spelling. “Li” and “Lee” were used interchangeably. This is supported by the affirmation of the Applicant’s brother.

9.  I am satisfied that the Applicant is the beneficial owner of 1/3 share of the Property. The sole trustee has passed away without a legal representative. In the premises, a vesting order should be made under section 45(e) of the Trustee Ordinance to vest the entire legal and beneficial estate and interest in 1/3 share of the Property in the Applicant absolutely.

10.  I thank Mr Chan for his assistance.