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HCMP 2295/2023
[2025] HKCFI 3358
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 2295 OF 2023
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IN THE MATTER OF the Estate of CHAN HANG DUEN (陳行端) late of Unit D on 30
th
Floor of T1B of Tower 1, The Pavilia Bay of TW6 Development, No. 51 Wing Shun Street, Tsuen Wan, New Territories, Hong Kong, deceased (“the Deceased”)
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and
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IN THE MATTER OF Section 36 of the Probate and Administration Ordinance,
Cap. 10
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____________________
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BETWEEN
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CHOW FUNG YING (周鳳英)
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Plaintiff
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and
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CHOW FUNG HA (周鳳霞)
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1
st
Defendant
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CHOW KWOK MING (周國明)
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2
nd
Defendant
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CHOW KWOK LEUNG (周國良)
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3
rd
Defendant
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CHOW FUNG YEE (周鳳儀)
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4
th
Defendant
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CHOW FUNG YAN (周鳳恩)
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5
th
Defendant
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____________________
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Before:
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Deputy High Court Judge Andrew Li in Chambers
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Date of Hearing:
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15 July 2025
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Date of Decision:
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5 August 2025
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D E C I S I O N
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INTRODUCTION
1.
By an originating summons dated 4 December 2023 (“OS”), the plaintiff Chow Fung Ying (周鳳英) (“P”) seeks the determination of the Court on the following relief:
“(1) An Order that the Plaintiff and the 1
st
Defendant be passed over as the Executrices of the Estate of CHAN HANG DUEN (陳行端), deceased (“
Estate
”) and replaced by an independent professional trustee as Administrator (“
Substitute Administrator
”) pursuant to section 36 of the Probate and Administration Ordinance (
Cap. 10
);
(2) Subject to the filing of the requisite papers, a grant of Letters of Administration with Will Annexed to the Estate be made in favour of the Substitute Administrator;
(3) The requirement of sureties guarantee by the Substitute Administrator be dispensed with;
(4) Insofar as is necessary, a Vesting Order in favor of the Substitute Administrator;
(5) Such further and/or other ancillary relief as this Honourable Court deems fit; and
(6) The Plaintiff’s costs arising from or incidental to these proceedings be paid by the 1
st
Defendant personally. Alternatively, the Plaintiff’s costs arising from or incidental to these proceedings be paid out of the Estate.”
2.
In support of her application, P has filed the affirmation of Chow Fung Ying on 4 December 2023 (“P’s 1
st
Aff”). It is a 39-page affirmation setting out some minute details about the long history of the bitter disputes between the parties.
3.
The 5 defendants (D1 to D5) in this case, who are siblings of P, have respectively filed
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