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HCMP 1061/2024
[2024] HKCFI 2079
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1061 OF 2024
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IN THE MATTER of an application by CHAN LEI QIWEN, in her capacity as the administratrix of the estate of Chan Kwai Sing, deceased, for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219
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and
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IN THE MATTER of Lot Nos.144, 147, 150, 158 and 162 in Demarcation District No.276, Sai Kung, New Territories, Hong Kong
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HCMP 1062/2024
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1062 OF 2024
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IN THE MATTER of an application by CHAN LEI QIWEN, in her capacity as the administratrix of the estate of Chan Kwai Sing, deceased, for a declaration under Section 12A of the Conveyancing and Property Ordinance, Cap.219
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and
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IN THE MATTER of Lot Nos.148, 151, 153, 157, 160, 163, 911, 913, 1003 and 1004 in Demarcation District No.276, Sai Kung, New Territories, Hong Kong
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Before:
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Hon H. Au-Yeung J in Chambers (Open to Public)
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Date of Hearing:
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6 August 2024
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Date of Judgment:
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6 August 2024
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JUDGMENT
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THE APPLICATION
1.
By an
Ex Parte
Originating Summons filed on 21 June 2024 in HCMP 1061/2024, the applicant, in her capacity as the administratrix of the estate of Chan Kwai Sing, Deceased (
“the Deceased”
), applied for,
inter alia
, an order pursuant to section 12A of the Conveyancing and Property Ordinance (Cap 219, Laws of Hong Kong) (
“the CPO”
) that the properties known as Lot Nos.144, 147, 150, 158 and 162 in Demarcation District No.276, Sai Kung, New Territories, Hong Kong (
“the 1061 Lands”
), upon payment into Court of a sum of money, be free from a mortgage (
“the 1061 Mortgage”
) in favour of 陳其坑 (
“the 1061 Mortgagee”
).
2.
By another
Ex Parte
Originating Summons filed on the same day in HCMP 1062/2024, the applicant applied, also in her capacity as the administratrix of the estate of the Deceased, for a similar order in respect of the properties known as Lot Nos. 148, 151, 153, 157, 160, 163, 911, 913, 1003 and 1004 in Demarcation District No.276, Sai Kung, New Territories, Hong Kong (
“the 1062 Lands”
). The relevant mortgage (
“the 1062 Mortgage”
) in respect of the 1062 Lands was made in favour of 陳仁亨 (
“the 1062 Mortgagee”
).
THE LAW
3.
Section 12A of the CPO provides that:
“(1) Where land is subject to any encumbrance, whether immediately realizable or payable or not, and the encumbrancer is out of the jurisdiction, cannot be found or is unknown, or if it is uncertain who the encumbrancer is, the court may, if it thinks fit, on the application of the party for the time being entitled to redeem the encumbrance, direct or allow payment into court of a sum of money sufficient to rede
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