RE KAN PAK SHING

HCMP 34/2018

[2018] HKCFI 840

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 34 OF 2018

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DECISION

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1.  The Applicant is the beneficial owner of 6 lots of land in the New Territories, namely, Lot No 2239, Section A of Lot No 1449, Section A of Lot No 2048, Section A of Lot No 1612, Section A of Lot No 299, and Tsung Pak Long Lot No 11, all in Demarcation District No 92 in the New Territories (collectively the “Lots”).

2.  The Lots were gifted to him by Mr Kan Ying Fuk on 16 December 1969, at a time when the Applicant was 15 years of age, with the Madam Pang Oi as “trustee”.  According to the Applicant, Mr Kan Ying Fook was his adopted father, and Madam Pang Oi was the wife of Mr Kan Ying Fuk. 

3.  Mr Kan Ying Fuk passed away on 18 February 1977, and Madam Pang Oi passed away on 25 December 2007 without having transferred the legal title to the Lots to the Applicant.  According to the Applicant, after the passing away of Mr Kan Ying Fuk, he has been in possession of the Lots, including letting out two of them at the rent of HK$6,000 per year. 

4.  There is, apparently, no personal representative of Madam Pang Oi appointed for her estate. 

5.  The Applicant now applies to have the Lots vested in him under Section 45(e) of the Trustee Ordinance, Cap 29, which provides as follows:-

“In any of the following cases, namely –

(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;

the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct …”

6.  On the evidence before me, I am satisfied that the condition for making a vesting order of the Lots under Section 45(e) of the Trustee Ordinance is satisfied, and that the Applicant is beneficially entitled to the Lots. 

7.  I therefore make an order in terms of paragraphs 1 and 2 of the Originating Summons herein.