SHEWE TH :
1.
THAT ALL THAT piece or parcel of ground situate lying
and being at Kowloon in the Colony of Hong Kong and registered in the Land
Office as KOWLOON INLAND LOT NO.9232 (formerly as SECTION B
OF SUBSECTION 1 OF KOWLOON INLAND LOT NO.447 ) Together
with the messuage or tenements erections and buildings thereon known as
No. 962 Canton Road (hereinafter called
vested in Yu Wo Lung (
和
the said property ") was originally
the lawful husband of your Petitioner
Subject to and with the benefit of the Conditions of Regrant registered in the
Land Office as Conditions of Regrant No. 8721.
2.
THAT prior to his death the said Yu Wo Lung deceased was
a Canadian resident residing permanently in Canada,
3.
4.
THAT prior to his death the said Yu Wo Lung deceased had
by a Power of Attorney dated the 2nd day of December, 1957 appointed your
Petitioner then of No. 36A, Pak Tai Street, 5th Floor, Kowloon in the said Colony of Hong Kong to be his attorney to manage or otherwise deal with
all his properties assets estates and interests in the Colony of Hong Kong.
THAT on the 23rd day of June 1964 your Petitioner in her
capacity as the lawful attorney of Yu Wo Lung surrendered the said Section B of Subsection 1 of Kowloon Inland Lot No. 447 to the Crown for obtaining
the Conditions of Regrant of the property to be known as Kowloon Inland
Lot No. 9232 subject to the payment of a premium of $149, 200.00 and
interest to Government by 20 instalments in the following manner :-
(a) 1st instalment of $16,825.00 to be paid within 28 days
of the date of signing of the said Conditions of Regrant.
(b)
2nd instalment of $15,825.00 to be paid on the 23rd day
of June 1965.
(c)
The remaining eighteen annual instalments of $15,825.00
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to be paid on the 23rd day of June in each succeeding year.
THAT your Petitioner had paid on behalf of the said Yu Wo
Lung the first instalment of the said premises to Government on the 17th
day of November 1964.
6.
THAT your Petitioner moved to a new address at No. 67,
Lai Chi Kok Road, 3rd Floor, Flat D, Kowloon aforesaid in early 1965
and had missed any demand note for the second instalment payment of
premium for the said property sent by Government,
7.
THAT your Petitioner emigrated to Canada to join her
husband the said Yu Wo Lung in early 1966 and had taken up residuence
in Canada since then.
8.
THAT before leaving for Canada your Petitioner entrusted
the management and the rental affairs of all the properties of her husband
in the Colony of Hong Kong to a certain YU HUNG HUP (
余雄洽
of Cheong Shing Investment, Loan & Exchange Co. Ltd. at Nos. 52-54,
Wing Lok Street, Victoria in the said Colony of Hong Kong and asked him
to keep her informed of the matter.
9.
THAT neither your Petitioner nor her husband has heard
anything from the said Yu Hung Hup.
10.
THAT both your Petitioner and her husband resided abroad
all the time and were never informed of any default in payment of the said
instalment premium.
11.
THAT most unfortunately your Petitioner's husband the said
Yu Wo Lung suffered from Bladder disease and was bed-ridden which
required the constant care and attention of your Petitioner. No particular
attention was paid to the said property and that your Petitioner and her
husband were under the impression that the rentals received in respect
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of the said property had been applied for payment of the instalments of
the said premium.
12.
THAT your Petitioner's husband the said Yu Wo Lung executed
his last Will and Testament in the Chinese Language dated the 1st day of
October 1970 at 1188, St. Urbain Street, Montreal 129 P. Q. Canada
whereby he appointed your Petitioner the sole executrix and beneficiary
thereof.
13.
THAT the said Yu Wo Lung died on the 11th day of December
1970 in the City of Montreal Canada without having altered or revoked his
said last Will. Your Petitioner was tied up with all the matters in Canada
after the death of her husband. It left her no time to look into every matter
in detail.
14.
THAT not until August 1973 your Petitioner was able to return
to Hong Kong for the purpose of applying for a grant of Probate in respect
of the estate of the said Yu Wo Lung deceased in Hong Kong and was
subsequently informed by his solicitors Messrs. Woo, Kwan, Lee & Lo
that the said property was re-entered by the Crown under a Notice of
Re-entry registered in the Land Office by Memorial No. 517618 dated
the 20th day of January 1966. Your Petitioner or her husband was never
aware of such re-entry.
15.
THAT your Petitioner is now in the process of applying
to the Supreme Court of Hong Kong for a grant of Probate in the estate
of the said Yu Wo Lung deceased through Messrs. Woo, Kwan, Lee & Lo.
The Estate Duty Commissioner has assessed the value of the property
in question as $190,000.00. Your Petitioner is ready willing and able
to pay the said estate duty.
16.
THAT your Petitioner being the sole beneficiary of the
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