CACV 32/2023, [2024] HKCA 796

On Appeal From [2023] HKCFI 101

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 32 OF 2023

(ON APPEAL FROM HCA NO 3348 OF 2016)

________________________

________________________

________________

J U D G M E N T

________________

Hon Chow JA (giving the Judgment of the Court):

INTRODUCTION

1. This case concerns the beneficial ownership of the monies in two bank accounts at HSBC held in the joint names of (i) Poon Nuen (潘暖), deceased (“ Father ”) and (ii) his son, Poon Loi Cheung Desmond (“ the Defendant ”). The monies in the two bank accounts originated from funds and the proceeds of sale of a property belonging to Father. The Defendant contends, nevertheless, that the monies in two bank accounts belong to him beneficially, either on the basis that they were gifted to him by Father or by the operation of the doctrine of survivorship. In his judgment dated 9 January 2023 (“ the Judgment ”), Mr Recorder Richard Khaw, SC (“ the Judge ”) found in favour of the Plaintiff (the administrator of the estate of Father) that Father was the beneficial owner of the monies in the two bank accounts. This is the Defendant’s appeal against the Judgment.

BRIEF BACKGROUND FACTS

2. The detailed facts of this case have been set out in the Judgment and will not be repeated here. For the purpose of the present appeal, the following brief summary should suffice.

3. Father and his wife (“ Mother ”) were a traditional Chinese couple who worked hard to earn a living and support their family. In 1955, Father, with the assistance of Mother, started a business of manufacturing and selling noodles in the name of Wing Woo Noodle Factory (“ Wing Woo ”) (永和粉麵廠). In 1964, Father together with Mother’s uncle jointly purchased a property known as Ground Floor, 91 Belcher’s Street, Hong Kong (“ the Shop ”), which was used for the business of Wing Woo. In about 1967, Father became the sole legal and beneficial owner of the Shop. In around late 1995, Father ceased the business of Wing Woo. The Shop was then leased out until its sale in 2014.

4. Father and Mother had 6 children (one daughter and five sons), including the Defendant (the second son), born in 1958, and the Plaintiff (the third son), born in 1960.

5. Prior to the death of Father and Mother, they purchased various properties, the details of which are set out at §6 of the Judgment. Father and Mother permitted their children to live in their properties without any payment of rent. At one time or another, the Plaintiff and the Defendant (and his family) lived in those properties.

6. Mother passed away on 6 February 2012. Shortly after the death of Mother, on 23 February 2012, Father added the Plaintiff as an authorized signatory to an account