RE LO FOOK HING

RE LO FOOK HING

The court declared Lo presumed dead as of 28 November 1998 because the applicant proved on the balance of probabilities that Lo had been missing since that date despite extensive rescue efforts, inquiries and publicity and there was no communication or trace thereafter.

Citation
RE LO FOOK HING
Parties
Missing Person / Deceased (presumed): Lo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2006
Case Number
HCMP361/2006
Procedural Posture
Declaration of Presumed Death / Ruling
Outcome
Declaration that Lo be presumed dead on 28 November 1998.
Legal Topics
Presumption of Death, Missing Persons, Declaration of Death
Source Language
EN
Family Law Civil Procedure Probate and Succession Presumption of Death Missing Persons Declaration of Death

Case Brief

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Parties

Lo

Missing Person / Deceased (presumed)

Procedural Posture

Declaration of Presumed Death / Ruling

Legal Issues

  1. 1 Whether the missing person Lo should be presumed dead
  2. 2 What date should be fixed as the date of presumed death
  3. 3 Whether the applicant conducted sufficient enquiries and publicity to justify a presumption of death

Ratio Decidendi

The court declared Lo presumed dead as of 28 November 1998 because the applicant proved on the balance of probabilities that Lo had been missing since that date despite extensive rescue efforts, inquiries and publicity and there was no communication or trace thereafter.

Court Disposition

Declaration that Lo be presumed dead on 28 November 1998.

Orders

  • Declare that Lo be presumed to have died on 28 November 1998.