HARVEY SIN WAI LEE v. OFFICIAL ADMINISTRATOR AND ANOTHER

HARVEY SIN WAI LEE v. OFFICIAL ADMINISTRATOR AND ANOTHER

On the balance of probabilities the court found there was no valid customary adoption of C S Lee in Toishan in 1928 and the purported post‑death appointment at the 1947 Oi Kwan Hotel meeting was ineffective for want of the required ancestral‑worship ceremony; the asserted 1960 gift by Madam Chow to Madam Wong failed because there was no parting with dominion and no effective donatio mortis causa; accordingly the estate succeeds and judgment is entered for the estate against Madam Wong and Luk Hoi Tong for recovery of the shares and frozen dividends; the grant to C S Lee is prima facie revocable but disposal on revocation and appointment of a new administrator require further hearing and...

Citation
HARVEY SIN WAI LEE v. OFFICIAL ADMINISTRATOR AND ANOTHER
Parties
Original Plaintiff / Administrator: Lee Chaio Sing (C S Lee); Defendant / Respondent: Lee Wong Siu Tsing (Madam Wong); Plaintiff (probate): Harvey Sin Wai Lee; Defendant / Company: The Luk Hoi Tong Company Limited; Representative / 2nd Defendant: Official Administrator (representing estate of Lee Sing Hon)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2005
Case Number
HCAP4/2000
Procedural Posture
Civil — Probate, Succession and Proprietary Claims / First Instance Judgment Following Trial
Outcome
Judgment for the estate of the deceased; adoption claim by C S Lee rejected; gift claim by Madam Wong rejected; judgment to be entered against Madam Wong and Luk Hoi Tong; further hearing to determine revocation of grant and appointment of new independent administrator and consequential relief including costs.
Legal Topics
Adoption, Gift, Donatio Mortis Causa, Letters of Administration, Revocation of Grant, Incomplete Gift, Constructive Trust, Chinese Customary Law, Transfer of Shares, Appointment of Administrator
Source Language
EN
Probate Succession Trusts and Equity Property Law Company Law Limitation/procedure Adoption Gift +8 more

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Parties

Lee Chaio Sing (C S Lee)

Original Plaintiff / Administrator

Lee Wong Siu Tsing (Madam Wong)

Defendant / Respondent

Harvey Sin Wai Lee

Plaintiff (probate)

The Luk Hoi Tong Company Limited

Defendant / Company

Official Administrator (representing estate of Lee Sing Hon)

Representative / 2nd Defendant

Procedural Posture

Civil — Probate, Succession and Proprietary Claims / First Instance Judgment Following Trial

Legal Issues

  1. 1 Whether C S Lee was validly adopted by the deceased (1928 adoption alleged)
  2. 2 Whether the 1960 transfer/gift by Madam Chow to Madam Wong and Yat Sun was valid (donatio mortis causa or absolute gift)
  3. 3 Whether the 1985 registration of shares in Madam Wong's name was void for want of capacity or fraud

Ratio Decidendi

On the balance of probabilities the court found there was no valid customary adoption of C S Lee in Toishan in 1928 and the purported post‑death appointment at the 1947 Oi Kwan Hotel meeting was ineffective for want of the required ancestral‑worship ceremony; the asserted 1960 gift by Madam Chow to Madam Wong failed because there was no parting with dominion and no effective donatio mortis causa; accordingly the estate succeeds and judgment is entered for the estate against Madam Wong and Luk Hoi Tong for recovery of the shares and frozen dividends; the grant to C S Lee is prima facie revocable but disposal on revocation and appointment of a new administrator require further hearing and...

Court Disposition

Judgment for the estate of the deceased; adoption claim by C S Lee rejected; gift claim by Madam Wong rejected; judgment to be entered against Madam Wong and Luk Hoi Tong; further hearing to determine revocation of grant and appointment of new independent administrator and consequential relief including costs.

Orders

  • Judgment entered for the estate of Lee Sing Hon against Madam Wong Siu Tsing and The Luk Hoi Tong Company Limited
  • Luk Hoi Tong to pay frozen dividends to the estate (precise terms to be settled and submitted for court approval)