TANG KAI-CHUNG AND ANOTHER v. TANG CHIK-SHANG AND OTHERS

TANG KAI-CHUNG AND ANOTHER v. TANG CHIK-SHANG AND OTHERS

Section 13 of the New Territories Ordinance requires the Court to recognise and enforce Chinese custom in relation to Tso lands; on the evidence partition as proposed would offend the prevailing customs of the Tang Tsap Ng Tso and would destroy the Tso's social fabric, so the Court must refuse the partition and dismiss the action; Land Officer consent is not a precondition to commencing proceedings and registered managers are trustees for purposes of representation and binding unborn/infants.

Citation
TANG KAI-CHUNG AND ANOTHER v. TANG CHIK-SHANG AND OTHERS
Parties
1st Plaintiff: Tang Kai-chung; 2nd Plaintiff: Tang Hi-un; 1st Defendant: Tang Chik-shang; 2nd Defendant: Tang Hing-lin; 3rd Defendant: Tang Ting-shang; 4th Defendant: Tang Lap-shang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 1970
Case Number
HCA2071/1966
Procedural Posture
Action for Partition of New Territories (tso) Lands / Judgment (original Jurisdiction)
Outcome
Action dismissed
Legal Topics
Partition, Tso (ancestral Land) Institution, Recognition and Enforcement of Chinese Custom, Rule Against Perpetuities, Representation of Infants and Unborn, Consent of Land Officer
Source Language
EN
Property Law Land Law Equity Customary Law Trusts Partition Tso (ancestral Land) Institution Recognition and Enforcement of Chinese Custom +3 more

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Parties

Tang Kai-chung

1st Plaintiff

Tang Hi-un

2nd Plaintiff

Tang Chik-shang

1st Defendant

Tang Hing-lin

2nd Defendant

Tang Ting-shang

3rd Defendant

Tang Lap-shang

4th Defendant

Procedural Posture

Action for Partition of New Territories (tso) Lands / Judgment (original Jurisdiction)

Legal Issues

  1. 1 Whether English partition law applies to Tso lands in the New Territories
  2. 2 Whether s.13 New Territories Ordinance requires mandatory recognition and enforcement of Chinese custom
  3. 3 Whether all Tso lands are inalienable as 'jing sheung' and hence not partitionable

Ratio Decidendi

Section 13 of the New Territories Ordinance requires the Court to recognise and enforce Chinese custom in relation to Tso lands; on the evidence partition as proposed would offend the prevailing customs of the Tang Tsap Ng Tso and would destroy the Tso's social fabric, so the Court must refuse the partition and dismiss the action; Land Officer consent is not a precondition to commencing proceedings and registered managers are trustees for purposes of representation and binding unborn/infants.

Court Disposition

Action dismissed

Orders

  • Action dismissed
  • Costs: reserved