并没有。
香港高院网上有裁判文书原文，主要是确认和回顾一遍收到的材料，双方的争执，以及处置意见。总地来说，就是承认有信托，但是因为有争端，信托未成立，冻结保全资产留待杭州法院裁决。
宗馥莉对信托协议的分歧意见在这儿：
30. First, Kelly contends that Clause 3 of the Letter of Entrustment (quoted in §11 above) means that only the interest on the fixed capital would be the trust assets, but not the capital itself. She highlights this because it appears to her that the Plaintiffs have been labouring under an impression which she thinks is wrong that the capital should also be part of the trust assets.
31. Secondly, relatedly, Kelly contends that she should not be treated by the Plaintiffs as a mere entrustee as if she had no say in the terms of the documents setting up the Offshore Trusts. She refers to Clauses 5 and 6 of the Agreement (quoted in §14 above). In particular, Clause 5 states that in the transition of the Offshore Trusts to the private trust company, Kelly would be “受托人的股東”.
32. Third, in relation to her insistence on the valuation of the assets, she refers to Clause 4 of the Agreement (quoted in §14 above). In gist, Kelly contends that the value of the assets in the HSBC Account has never attained US$2.1 billion and thus there is no basis for the Plaintiffs to assert their respective entitlement to an offshore trust of US$700 million each before the parties could find a way to make up a shortfall. Kelly further contends that the figure of US$700 million for each was aspirational only, and in any event, she does not recognise the validity of the Handwritten Instructions. Therefore, the Plaintiffs’ insistence that cash of US$700 million shall be injected into each of the Offshore Trusts is unrealistic and infeasible.
33. Fourth, in relation to her proposal to include her issue to be the beneficiaries of the Offshore Trusts, Mr Benjamin Yu SC (leading Mr Bernard Mak), counsel for the Defendants, seems to contend that her issues would be excluded by the definition of “Excluded Persons” in the draft Deed of Trust. With respect, such contention cannot be maintained, because “Excluded Persons” was defined as the spouse of Kelly, or any spouse of any children or remoter issue of Kelly; in other words, Kelly’s issues would not be excluded. Further, during his oral submissions, Mr Yu suggested that the inclusion of Kelly’s issue and appointment of Kelly as protector with power to terminate the trust period might be due to the lawyers’ template. I rejected this suggestion outright because I cannot take judicial notice in this regard, and there is no evidence from the Defendants to explain that such terms were included because Kelly’s lawyers blindly used a template as if this would be fit-for-all without exercising any professional judgment to their client’s needs.
34. The differences between the two camps, according to Kelly, became sources of disagreement in the discussions and negotiations that have prevented execution of documents necessary to set up the Offshore Trusts. In other words, Kelly is saying that she has evinced no intention not to be bound by the Letter of Entrustment and the Agreement, that she was not taking any action or inaction (in breach of Clause 7 of the Agreement) to prevent the establishment of the Offshore Trusts, and that the Plaintiffs are simply jumping the gun.
35. Kelly emphasises that she always honours Zong Senior’s wishes. In response to the Plaintiffs’ accusation that she does not, Kelly gives explanation in her 2nd Affirmation the details of which I do not need to delve into for the present purposes.
【 在 smthnew 的大作中提到: 】
: 说法院判输？
: 又说遗嘱三的三娃不在受益人之列？
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