CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) V. CHEUNG WAI SHING AND OTHERS
Outcome
Appeal allowedThe appeal is unanimously allowed and the order of the Court of Appeal dated 5 March 2020 is set aside.
Source: [2021] HKCFA 19, Court of Final Appeal, decided 27 May 2021. Read directly from the judgment.
Judges (5)
Counsel (8)
Case Significance
Cheung Lai Mui, the Executrix of the Estate of Cheung Ping Kau and the Administratrix of the Estate of Cheung Ping Fuk (alias Cheung Bing Fuk) v. Cheung Wai Shing and Others [2021] HKCFA 19 is a Court of Final Appeal decision dated 27 May 2021, engaging the Basic Law, including Article 160, and the Limitation Ordinance. The Court of Final Appeal held: 'The appeal is unanimously allowed and the order of the Court of Appeal dated 5 March 2020 is set aside,' recorded as an appeal allowed. The matter had earlier reached the Court of Final Appeal at Cheung Lai Mui (張麗梅), the Executrix of the Estate of Cheung Ping Kau and the Administratrix of the Estate of Cheung Ping Fuk (alias Cheung Bing Fuk) v. Cheung Wai Shing (張偉城) and Others [2020] HKCFA 41. The decision has since been cited in later estate and succession matters before the Court of First Instance, including Lin Loi Hing v. The Personal Representative of Lin Lok Shi Also Known as Lok Kiu (Deceased) [2024] HKCFI 3056, Lam Kwok Hing (as Administrator of the Estate of Lam Ping Sang, Deceased) v. Lau Ha Also Known as Lau Ha Lily and Others [2025] HKCFI 1354, and Wong Man Ching, Christine, as Executrix of the Estate of Wong Tai Kin, Deceased v. Wong Yung Mo and Another [2025] HKCFI 6443.
Summary
Cheung Lai Mui, as executrix and administratrix of two estates, appealed in a family property dispute concerning beneficial interests in New Territories land. The Court of Final Appeal considered the principles of common intention constructive trust and equitable accounting in the context of family co-ownership arrangements. The appeal was allowed in part, with the Court clarifying the applicable legal principles.
What did the Court of Final Appeal decide in the Cheung Lai Mui estate dispute ([2021] HKCFA 19)?
In Cheung Lai Mui v. Cheung Wai Shing and Others [2021] HKCFA 19, the Court of Final Appeal unanimously allowed the appeal, setting aside the Court of Appeal's order of 5 March 2020, in a matter concerning the Limitation Ordinance and Article 160 of the Basic Law.
How has this Court of Final Appeal decision been used in later cases ([2021] HKCFA 19)?
Cheung Lai Mui v. Cheung Wai Shing and Others [2021] HKCFA 19 has been cited in subsequent estate and succession disputes before the Court of First Instance, including Lin Loi Hing v. The Personal Representative of Lin Lok Shi [2024] HKCFI 3056.
Statutes Cited
Cases Cited (28)
Cited By (8)
Citation influence
HKLII records this judgment as cited by 38 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.
Related cases
Other Hong Kong judgments involving the same parties or counsel.
Judgment
Read the full judgment on the official Hong Kong Courts portal.
Read on HKLIISource: HKLII ([2021] HKCFA 19)