RE CHING CHI YUEN

RE CHING CHI YUEN

Application governed by Ching Dynasty Laws and Customs; under those customs the brother's sons have potential priority and their interests were not renounced or cleared, therefore the court would not grant administration to the deceased's brothers and the application is dismissed.

Citation
RE CHING CHI YUEN
Parties
Applicants: Applicants (two elder brothers of the deceased); Deceased: Deceased (died 11 August 1971, bachelor); Judge: Acting Deputy Registrar S. H. Mayo; Solicitors for Applicants: Messrs. C.C. Lee & Co.; Solicitor Who Swore Supporting Affidavit: Henry H.K. Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 1973
Case Number
HCMP242/1973
Procedural Posture
Application Under Section 36 Probate and Administration Ordinance (letters of Administration) / Chambers Hearing — Decision on Application
Outcome
Application dismissed
Legal Topics
Letters of Administration, Intestacy, Priority of Intestate Heirs, Non Contentious Probate Rules, Application of Foreign/customary Law to Succession
Source Language
EN
Probate Succession Chinese Customary Law Civil Procedure Letters of Administration Intestacy Priority of Intestate Heirs Non Contentious Probate Rules +1 more

Case Brief

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 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Applicants (two elder brothers of the deceased)

Applicants

Deceased (died 11 August 1971, bachelor)

Deceased

Acting Deputy Registrar S. H. Mayo

Judge

Messrs. C.C. Lee & Co.

Solicitors for Applicants

Henry H.K. Wong

Solicitor Who Swore Supporting Affidavit

Procedural Posture

Application Under Section 36 Probate and Administration Ordinance (letters of Administration) / Chambers Hearing — Decision on Application

Legal Issues

  1. 1 Whether the applicants (deceased's elder brothers) have priority over nephews (brother's sons) under Ching Dynasty Laws and Customs to obtain Letters of Administration
  2. 2 Whether English/Non-Contentious Probate procedural rules apply retrospectively to determine entitlement to a grant when Chinese customary law governs succession
  3. 3 Whether the court should exercise discretion under s.36 to appoint an administrator contrary to customary succession rules

Ratio Decidendi

Application governed by Ching Dynasty Laws and Customs; under those customs the brother's sons have potential priority and their interests were not renounced or cleared, therefore the court would not grant administration to the deceased's brothers and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for Letters of Administration dismissed