Re Fong Iong

Re Fong Iong

The proceedings were improperly constituted and outside the court's jurisdiction (the cited statutory provisions did not authorize the ex parte determination and the procedural rules were not followed); moreover the 1995 amendment to the Intestate Ordinance excludes persons in the applicants' position from the...

Source-derived case information.

Citation
Re Fong Iong
Parties
Applicants: Six applicants (children of Wing Sum (deceased) and Heung (deceased)); Deceased: Fong Iong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2001
Case Number
HCMP6014/2001
Procedural Posture
Intestate Succession Determination / Ex Parte Summons in Chambers; Hearing and Decision (application Struck Out)
Outcome
Application struck out as a nullity for lack of jurisdiction and improper procedure.
Legal Topics
Construction of 'issue' Under Intestate Ordinance, Jurisdiction to Determine Entitlement to Estate, Ex Parte Proceedings, Rules of High Court Orders 76 and 85, Inherent Jurisdiction
Source Language
en
Intestate Succession Probate and Administration Civil Procedure Statutory Interpretation Construction of 'issue' Under Intestate Ordinance Jurisdiction to Determine Entitlement to Estate Ex Parte Proceedings Rules of High Court Orders 76 and 85 +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Six applicants (children of Wing Sum (deceased) and Heung (deceased))

Applicants

Fong Iong

Deceased

Procedural Posture

Intestate Succession Determination / Ex Parte Summons in Chambers; Hearing and Decision (application Struck Out)

Legal Issues

  1. 1 Whether the six applicants are 'issue' of the deceased within section 4(5) of the Intestate Ordinance
  2. 2 Whether the court has jurisdiction to entertain the ex parte determination sought
  3. 3 Whether inherent jurisdiction permits ex parte proceedings to determine entitlement to an intestate estate

Ratio Decidendi

The proceedings were improperly constituted and outside the court's jurisdiction (the cited statutory provisions did not authorize the ex parte determination and the procedural rules were not followed); moreover the 1995 amendment to the Intestate Ordinance excludes persons in the applicants' position from the category of 'issue'; accordingly the ex parte summons is a nullity and must be struck out.

Court Disposition

Application struck out as a nullity for lack of jurisdiction and improper procedure.

Orders

  • Proceedings struck out