CHOW PO YUEN, a minor by PANG ZHENGYUN, her mother and next friend AND ANOTHER v. CHOW CHUN KIT, the administrator of the estate of CHOW WING CHEUK, deceased and in his personal capacity AND OTHERS

CHOW PO YUEN, a minor by PANG ZHENGYUN, her mother and next friend AND ANOTHER v. CHOW CHUN KIT, the administrator of the estate of CHOW WING CHEUK, deceased and in his personal capacity AND OTHERS

The son administrator discharged the burden of rebutting the statutory presumption of parentage under s 5(1)(b) of the Parent and Child Ordinance because the jointly instructed DNA report, despite being a deficiency case, was clear, reliable and supported by reasons that demonstrated the infant did not share the deceased's paternal lineage; consequently the infant is not the deceased's natural child and is not entitled to succeed under the Intestates Estates Ordinance. The court therefore entered judgment for the son administrator in both actions.

Citation
[2019] HKCFI 1112
Parties
1st Plaintiff in HCMP 1400/2014 (infant): Ms Chow Po Yuen; Defendant in HCMP 1400/2014 and Plaintiff in HCMP 1455/2014 (son Administrator): Mr Chow Chun Kit; Natural Mother of the Infant and Former Plaintiff: Mdm Pang; Deceased Whose Estate Is in Issue: Mr Chow Wing Cheuk (deceased); Widow and Next of Kin of the Deceased: Mdm Chow; Lawful Daughter and Next of Kin of the Deceased: Ms Chow
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2019
Case Number
HCMP1400/2014
Procedural Posture
Civil Succession / Intestacy (hcmp 1400/2014 and HCMP 1455/2014) / Judgment (trial Concluded)
Outcome
Judgment for the son administrator; infant girl found not to be a natural child of the deceased and not entitled to succeed under the Intestates Estates Ordinance
Legal Topics
Legitimacy, Paternity, Intestacy, Burden of Proof, Presumption of Parentage, Admissibility and Weight of DNA Evidence
Source Language
EN
Succession Family Law Evidence Probate Forensic DNA Evidence Legitimacy Paternity Intestacy +3 more

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Parties

Ms Chow Po Yuen

1st Plaintiff in HCMP 1400/2014 (infant)

Mr Chow Chun Kit

Defendant in HCMP 1400/2014 and Plaintiff in HCMP 1455/2014 (son Administrator)

Mdm Pang

Natural Mother of the Infant and Former Plaintiff

Mr Chow Wing Cheuk (deceased)

Deceased Whose Estate Is in Issue

Mdm Chow

Widow and Next of Kin of the Deceased

Ms Chow

Lawful Daughter and Next of Kin of the Deceased

Procedural Posture

Civil Succession / Intestacy (hcmp 1400/2014 and HCMP 1455/2014) / Judgment (trial Concluded)

Legal Issues

  1. 1 Whether the infant girl is a natural child of the deceased and entitled to succession under the Intestates Estates Ordinance (Cap 73)
  2. 2 Whether the presumption of parentage under s 5(1)(b) Parent and Child Ordinance (Cap 429) has been rebutted
  3. 3 What weight to give to a joint DNA report prepared as a "deficiency" case where the deceased's genotype is unavailable

Ratio Decidendi

The son administrator discharged the burden of rebutting the statutory presumption of parentage under s 5(1)(b) of the Parent and Child Ordinance because the jointly instructed DNA report, despite being a deficiency case, was clear, reliable and supported by reasons that demonstrated the infant did not share the deceased's paternal lineage; consequently the infant is not the deceased's natural child and is not entitled to succeed under the Intestates Estates Ordinance. The court therefore entered judgment for the son administrator in both actions.

Court Disposition

Judgment for the son administrator; infant girl found not to be a natural child of the deceased and not entitled to succeed under the Intestates Estates Ordinance

Orders

  • The costs of HCMP 1400/2014 and HCMP 1455/2014 shall be paid by the infant girl to the son administrator to be taxed if not agreed
  • The infant girl's own costs to be taxed in accordance with the Legal Aid Regulations (Cap 91A)