YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS

Chinese customary concept of family property (Tsing Law) does not form part of the law governing devolution of registered land in the New Territories; registered successors hold beneficial undivided shares as tenants in common, so the 1st and 2nd defendants validly disposed of their undivided shares, the lease did not effect an ouster of co-owners, and on balance partition of the Lot should be ordered with specific allotments subject to equalization money and further directions.

Citation
YAU KWAI AND OTHERS v. YAU KAR SIU AND OTHERS
Parties
Plaintiffs: Yau Kwai; Yau Fui; Yau Che Wai; Yau Chi Wing; Yau Chi On; Yau Tin Sung; Yau Tin Sang Colin; 1st Defendant: Yau Kar Siu (alias Yau Lam Sung); 2nd Defendant: Yau Loi (alias Hiew Fook Loi); 3rd Defendant: Victory Villa Management Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 July 2004
Case Number
HCMP1363/2003
Procedural Posture
Partition, Declaration and Trespass Arising Out of Land Ownership and Sales/leases / Judgment (court of First Instance)
Legal Topics
Partition Under Partition Ordinance Cap.352, Tenancy in Common and Equitable Ownership, Applicability of Chinese Customary (tsing) Law, Validity of Sale of Undivided Shares, Validity and Effect of Lease by Co Owner, Injunctions and Mesne Profits/trespass
Source Language
EN
Land Law Property Law Equity Customary Law Civil Procedure Tort (trespass) Partition Under Partition Ordinance Cap.352 Tenancy in Common and Equitable Ownership +4 more

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Parties

Yau Kwai; Yau Fui; Yau Che Wai; Yau Chi Wing; Yau Chi On; Yau Tin Sung; Yau Tin Sang Colin

Plaintiffs

Yau Kar Siu (alias Yau Lam Sung)

1st Defendant

Yau Loi (alias Hiew Fook Loi)

2nd Defendant

Victory Villa Management Limited

3rd Defendant

Procedural Posture

Partition, Declaration and Trespass Arising Out of Land Ownership and Sales/leases / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether Chinese customary 'family property' (Tsing Law) governs devolution and restricts disposition of registered interests in New Territories land
  2. 2 Whether the 1st and 2nd defendants validly sold their undivided fourth shares to the 3rd defendant
  3. 3 Whether the 1st defendant's lease ousted co-owners and gave rise to trespass/mesne profits

Ratio Decidendi

Chinese customary concept of family property (Tsing Law) does not form part of the law governing devolution of registered land in the New Territories; registered successors hold beneficial undivided shares as tenants in common, so the 1st and 2nd defendants validly disposed of their undivided shares, the lease did not effect an ouster of co-owners, and on balance partition of the Lot should be ordered with specific allotments subject to equalization money and further directions.