RE LEUNG WAI FONG

RE LEUNG WAI FONG

Requisition no.9 is discharged but requisitions no.10 and no.11 must be complied with: the applicant must file a duly apostilled original death certificate for Wong Fung and a competent affidavit proving concubinage because the Registrar is entitled under Rule 5(2) NCPR to require proof beyond the affirmation and the applicant cannot rely on an alternative plea of uncertain status.

Citation
RE LEUNG WAI FONG
Parties
Applicant: Applicant; Deceased: The Deceased; Husband/interest Party: Kwong Ting; Principal Wife/interest Party: Wong Fung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2006
Case Number
HCAG5395/2004
Procedural Posture
Non Contentious Probate / Decision on Registrar Requisitions (chambers)
Outcome
Requisition no.9 taken off; requisitions no.10 and no.11 ordered to be complied with
Legal Topics
Letters of Administration, Concubinage, Proof of Death/apostille, Registrar Requisitions, Affidavit Evidence, Inquisitorial Probate Procedure
Source Language
EN
Probate Succession Civil Procedure Family Law Letters of Administration Concubinage Proof of Death/apostille Registrar Requisitions +2 more

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Parties

Applicant

Applicant

The Deceased

Deceased

Kwong Ting

Husband/interest Party

Wong Fung

Principal Wife/interest Party

Procedural Posture

Non Contentious Probate / Decision on Registrar Requisitions (chambers)

Legal Issues

  1. 1 Whether requisitions to prove foreign death and concubinage can be dispensed with
  2. 2 Whether an apostilled death certificate is required to prove death abroad
  3. 3 Whether the applicant may advance an alternative plea about status (lawful and natural son vs natural son)

Ratio Decidendi

Requisition no.9 is discharged but requisitions no.10 and no.11 must be complied with: the applicant must file a duly apostilled original death certificate for Wong Fung and a competent affidavit proving concubinage because the Registrar is entitled under Rule 5(2) NCPR to require proof beyond the affirmation and the applicant cannot rely on an alternative plea of uncertain status.

Court Disposition

Requisition no.9 taken off; requisitions no.10 and no.11 ordered to be complied with

Orders

  • Requisition no.9 to be taken off
  • Requisition no.10 to be complied with: file a duly apostilled original death certificate of Wong Fung