LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK, in his personal capacity and in his capacity as the executor of the estate of LAI DENNIS

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK, in his personal capacity and in his capacity as the executor of the estate of LAI DENNIS

The court determined that Cellmark Forensic Services, on the evidence, possessed superior and relevant experience in post‑mortem DNA testing of long‑buried skeletal remains and therefore varied the February 25, 2025 order to permit the appointment of Cellmark as the single laboratory with a Hong Kong agent to collect samples; the court refused the parties' request to appoint separate laboratories and followed the prior order's mechanism to choose between the nominees.

Citation
[2026] HKCFI 1262
Parties
Plaintiff (minor): LIU KAIBANG; Next Friend and Mother of the Plaintiff: LIU LIJUAN; Defendant and Executor of the Estate of Lai Dennis: LAI JOSEPH TAK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2026
Case Number
HCAP44/2023
Procedural Posture
Probate Action (paternity Dispute) / Interlocutory Application for Variation of Order; Directions Hearing Pending
Outcome
Order dated 25 February 2025 varied: paragraphs 3–5 replaced; Cellmark Forensic Services appointed as the single laboratory to conduct specified DNA comparison tests; a Hong Kong agent with expertise in sampling skeletal remains to collect, package and deliver samples to Cellmark; directions given for joint...
Legal Topics
Paternity, DNA Testing, Exhumation, Expert Appointment, Chain of Custody, Costs
Source Language
EN
Probate Family Law Forensic Evidence Civil Procedure Paternity DNA Testing Exhumation Expert Appointment +2 more

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Parties

LIU KAIBANG

Plaintiff (minor)

LIU LIJUAN

Next Friend and Mother of the Plaintiff

LAI JOSEPH TAK

Defendant and Executor of the Estate of Lai Dennis

Procedural Posture

Probate Action (paternity Dispute) / Interlocutory Application for Variation of Order; Directions Hearing Pending

Legal Issues

  1. 1 Whether the February 25, 2025 order should be varied
  2. 2 Whether a single joint laboratory should be appointed or parties allowed separate laboratories
  3. 3 Whether a Hong Kong laboratory (HK.DNA) or an overseas laboratory (Cellmark) is more suitable for post‑mortem DNA testing of remains buried for over seven years

Ratio Decidendi

The court determined that Cellmark Forensic Services, on the evidence, possessed superior and relevant experience in post‑mortem DNA testing of long‑buried skeletal remains and therefore varied the February 25, 2025 order to permit the appointment of Cellmark as the single laboratory with a Hong Kong agent to collect samples; the court refused the parties' request to appoint separate laboratories and followed the prior order's mechanism to choose between the nominees.

Court Disposition

Order dated 25 February 2025 varied: paragraphs 3–5 replaced; Cellmark Forensic Services appointed as the single laboratory to conduct specified DNA comparison tests; a Hong Kong agent with expertise in sampling skeletal remains to collect, package and deliver samples to Cellmark; directions given for joint...

Orders

  • Paragraphs 3–5 of the order dated 25 February 2025 are varied and replaced with directions permitting joint appointment of Cellmark Forensic Services (UK) to conduct specified DNA tests and related procedures
  • Parties to provide joint instructions to Cellmark and the Plaintiff and Defendant to provide bodily samples to Hong Kong Agent(s); leave granted to Agent(s) to obtain DNA samples from the Remains