IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1886 OF 2012
Before: Deputy High Court Judge Le Pichon in Chambers (Open to Public)
Date of Hearing: 20 September 2012
Date of Judgment: 20 September 2012
J U D G M E N T
1. This is an application under Sections 52(1)(e) and 57(i) of the Trustee Ordinance, Cap 29. The application concerns the net proceeds of sale of a property known as Flat B on the 3rd floor of Nos. 70 and 72 Main Street Apleichau. The property was registered in the name of Leung Yiu Wah (梁耀華) deceased as trustee.
2. The history is this. It was acquired by the late Mr Leung in April 1967 and he held that as trustee for his grandniece Leung TaiHo (梁帶好) and his grandnephew Leung Kam Sui (梁金水) then aged 18 and 16 respectively as tenants in common in equal sharesuntil they should attain the age of 21 years absolutely.
3. The beneficiaries of course attained that age a long time ago but the trustee, the late Mr Leung, died in July 1988 without havingvested the property in the two beneficiaries. No application for probate to his estate appears to have been made and no personalrepresentatives can be identified notwithstanding efforts to locate them.
4. The property has been sold through a compulsory sale by order of the Lands Tribunal. The net proceeds of sale of the property arenow held by the trustee of the auction. It should also be mentioned that one of the beneficiaries Leung Tai Ho actually predeceasedthe late Mr Leung: she died in February 1986.
5. The administrator of her estate is one of the applicants today, the other being Leung Kam Sui the grandnephew. Since the administratorof Leung Tai Ho and Leung Kam Sui are together absolutely entitled to the property and the net proceeds of sale, this is a case whereit is appropriate and expedient for this court to make an order vesting the right to receive the net proceeds of sale of the propertyin the applicants and I so order.
Mr Wilfred Tsui, instructed by Li, Wong, Lam & W.I. Cheung, for the applicants