RE ALL THAT PIECE OR PARCEL OF GROUND REGISTERED IN THE LAND REGISTRY AS SECTION F OF LOT NO. 434 IN DEMARCATION DISTRICT NO. 99 TOGETHER WITH THE MESSUAGES ERECTIONS AND BUILDINGS THEREON (NO. 135 CHAU TAU, YUEN LONG, NEW TERRITORIES)

HCMP 2111/2025

[2025] HKCFI 5790

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 2111 OF 2025

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D E C I S I O N

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1.  By an ex parte originating summons dated 6 November 2025, the Applicant applies under section 45 of the Trustee Ordinance (Cap 29) for an order that the said Property be vested in him absolutely.

2.  The Applicant is Mr Man Wai Ping. He brings this application in his capacity as the administrator of the estate of his late father, Man Tin Bei (also known as Man Tin Pai) (“the Deceased”), who passed away in the Netherlands on 13 March 2011. Letters of administration in respect of the Deceased’s estate was granted to the Applicant on 6 February 2025.

3.  As the Deceased left Hong Kong for work in the Netherlands, he became the beneficial owner of the said Property on 7 March 1963. The trustee was his wife, Madam Pang Chiu Lin (also known as Pan Chiu Lin) (“Madam Pang”). Madam Pang was the Applicant’s late mother and had passed away in the Netherlands on 31 October 2022 without having vested the legal interest of the said Property in the Deceased’s estate.

4.  The Applicant understands and believes that no grant of probate or letters of administration has been issued in respect of Madam Pang’s estate. The Applicant’s solicitors have also conducted a search in the Probate Registry in Hong Kong and could not find any probate having been granted, or letters of administration having been issued, in respect of the estate of Madam Pang.

5.  In the circumstances, there is no one that can be served with the Originating Summons and it would be appropriate for the Applicant to have issued an ex parte Originating Summons.

6.  I am also satisfied that this is a proper case for making a vesting order under under section 45(e) of the Trustee Ordinance in favour of the Applicant in respect of the said Property.

7.  I make an order in terms of paragraphs 1 and 3 of the draft order. Given the demise of Madam Pang, it is unnecessary to order her removal as a trustee of the said Property.

Ms Constance Leung, of Leung Ki Hin & Co., for the Applicant