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HCMP 677/2024
[2024] HKCFI 1974
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 677 OF 2024
________________________
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IN THE MATTER of a real property known as 1/69
th
part or share of and in The Remaining Portion of Kowloon Inland Lot No.7733 (Front Portion on 15
th
Floor, Nathan Apartments, No.510 Nathan Road, Kowloon) (“
1
st
Property
”)
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and
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IN THE MATTER of a real property known as 1/103
rd
part or share of and in The Remaining Portion of Kowloon Inland Lot No.6138 (Flat B on 12
th
Floor, Lee Shing Mansion, Nos.43, 43A and 43B Jordan Road, Nos.11-19 Wai Ching Street, Kowloon) (“
2
nd
Property
”)
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and
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IN THE MATTER of a real property known as 1/30
th
part or share of and in The Remaining Portion of Kowloon Inland Lot No.2215 (8
th
Floor, No.11 Pitt Street, Kowloon) (“
3
rd
Property
” and, together with the 1
st
Property and 2
nd
Property, “
Properties”
)
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and
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IN THE MATTER of an application under the Trustee Ordinance (
Cap 29
)
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________________________
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BETWEEN
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CHU CLANSMEN’S FRATERNITY ASSOCIATION
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1st Applicant
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LIMITED (朱氏宗親總會有限公司)
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CHU MOK BAL (朱木波)
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2nd Applicant
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CHU YICK TAI (朱益娣)
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3rd Applicant
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________________
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Before:
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Deputy High Court Judge Jonathan Wong in Chambers
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Date of Submissions:
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9 May 2024
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Date of Judgment:
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9 August 2024
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_______________
JUDGMENT
_______________
1.
Introduction
1.1
This is my judgment on the Applicants’
ex p
arte originating summons (“
OS
”) in respect of the 3 properties defined therein.
1.2
The 1
st
Applicant was incorporated on 17 November 1972. The 2
nd
and 3
rd
Applicants are members and directors of the 1
st
Applicant. The OS seeks the following relief:
(1) A declaration that, since its incorporation, the 1
st
Applicant has been the sole beneficial owner of the Properties (“
Relief 1
”);
(2) An order that the whole of the legal title and interest in the Properties be vested in the 1
st
Applicant (“
Relief 2
”).
2.
Factual background
2.1
In 1953, a number of businessmen with the family name “Chu” founded the Chu
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