MAN KING CHUEN AND OTHERS v. HONG LOK YUEN INTERNATIONAL SCHOOL ASSOCIATION LTD AND ANOTHER

Parties

Procedural Posture

Action (land/property Dispute) / Application for Leave to Adduce Expert Evidence (summons)

Legal Issues

1. 1 Whether leave should be granted to adduce expert evidence on Chinese customary law where prior authorities exist
2. 2 Whether a Tso is a trust with managers as trustees and members acquiring life beneficial interests at birth
3. 3 Whether Court of Appeal decisions in Wong Shing Chau and Tsang Kwong Kuen are binding on the CFI on the propositions in Leung Kuen Fai

Ratio Decidendi

Recorder Yvonne Cheng SC granted the 2nd Defendant leave to adduce expert evidence on the two specified questions of Chinese customary law, holding that expert evidence on Chinese customs remains admissible and may be helpful even where prior authorities exist; further held that the Court of Appeal decisions cited did not constitute binding precedents on the specific propositions in Leung Kuen Fai because they had assumed or applied that decision rather than directly deciding its correctness.

Court Disposition

Summons granted in terms; leave granted to adduce expert evidence on two questions of Chinese customary law; costs order nisi in favour of 2nd Defendant

Orders

• Order in terms of paragraphs (1) to (3) of the Summons (leave to adduce expert evidence on the two specified questions)
• Costs of preparation of the parties' expert evidence in accordance with paragraphs (1) to (3) of the Summons to be in the cause