IN RE WONG WONG

IN RE WONG WONG

The monogamous marriage contracted in Mainland China could not be converted into a polygamous/concubinage union by the deceased's subsequent acquisition of a Hong Kong domicile; Hong Kong personal law did not permit reviving a customary right to take concubines where the original marriage was monogamous, therefore Madam Lee was not entitled to Letters of Administration.

Citation
IN RE WONG WONG
Parties
Applicant: Madam Au; Applicant: Madam Lee; Deceased: Mr Wong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 1998
Case Number
HCAG1797/1998
Procedural Posture
Letters of Administration / Non Contentious Application (judgment)
Outcome
Application of Madam Lee for Letters of Administration refused.
Legal Topics
Letters of Administration, Domicile, Concubinage, Polygamy, Capacity to Marry, Status of Children
Source Language
EN
Probate and Administration Succession Family Law Conflict of Laws Chinese Customary Law Letters of Administration Domicile Concubinage +3 more

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Parties

Madam Au

Applicant

Madam Lee

Applicant

Mr Wong

Deceased

Procedural Posture

Letters of Administration / Non Contentious Application (judgment)

Legal Issues

  1. 1 Whether a change of domicile can convert an existing monogamous marriage into a polygamous/concubinage union
  2. 2 Whether the deceased, married monogamously in Mainland China, had capacity under Hong Kong personal law to take a concubine after acquiring domicile in Hong Kong
  3. 3 Whether children of a concubine in such circumstances have legal status under Hong Kong law

Ratio Decidendi

The monogamous marriage contracted in Mainland China could not be converted into a polygamous/concubinage union by the deceased's subsequent acquisition of a Hong Kong domicile; Hong Kong personal law did not permit reviving a customary right to take concubines where the original marriage was monogamous, therefore Madam Lee was not entitled to Letters of Administration.

Court Disposition

Application of Madam Lee for Letters of Administration refused.

Orders

  • Application of Madam Lee for Letters of Administration refused.