RE TANG MOA KIU, as administratrix of the estate of CHEUNG PUN LOI, Deceased

HCMP 1481/2023

[2023] HKCFI 2692

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1481 OF 2023

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REASONS FOR JUDGMENT

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1.  At the conclusion of the hearing, I made an order under section 45(e) of the Trustee Ordinance to vest the entire legal and beneficial interest of and in ½ share of Lot 554A (defined below) to the Applicant, as administratrix, for her to administer the same as part of the Deceased’s estate with no order as to costs. These are my reasons.

2.  The Applicant is the widow of the Deceased, Mr CHEUNG Pun Loi (張盤來), and the administratrix of his estate by virtue of the Letters of Administration granted on 4 May 2023.

3.  By a Conveyance on Sale dated 31 January 1962 registered by Memorial No N146536, the Deceased was assigned the beneficial ownership of Section A of Lot No 554 in Demarcation District No 100 (“Lot 554A”) with his mother “CHEUNG SUNG Shi” (張宋氏) as trustee, as the Deceased was then a minor at 14 years old.

4.  As evidenced by the Deceased’s Birth Certificate, the name of the Deceased’s mother was Sung Kiu (宋嬌).  She had the alias CHEUNG SUNG Shi (張宋氏), which was the common way of addressing a married woman by firstly referring to the surname of her husband CHEUNG (張) and then combined it with “SUNG Shi” (宋氏) which meant a married woman having the maiden name SUNG (宋).

5.  By a Conveyance as a Gift dated 15 December 1965 registered by Memorial No N157144, the Deceased by his trustee CHEUNG SUNG Shi assigned ½ share of Lot 554A to his younger brother CHEUNG Ma Chung (then aged 9) as beneficiary and CHEUNG SUNG Shi as his trustee.

6.  Then after until now, the Deceased remained as the beneficial owner of ½ share in Lot 554A, which had been held on trust for him by his mother.

7.  The Deceased’s mother died on 7 June 2010.  As confirmed by searches in the Probate Registry made by the Applicant’s solicitors, no grant of probate has been issued in respect of the estate of the Deceased’s mother.

8.  The Deceased passed away on 21 November 2019.

9.  I am satisfied on the evidence before me that the above matters are proved, and that there is now no personal representative of the mother who was the trustee in possession of Lot 554A, within the meaning of s.45(e) of the Trustee Ordinance Cap 29.

10.  The Applicant has enquired with the Deceased’s said brother who indicated that he did not wish to join the Applicant in making this application.

11.  In the premises, I am satisfied that this is a proper case for making a vesting order under section 45(e) of the Trustee Ordinance.  As said, I so ordered at the hearing in terms set out in paragraph 1 above.