ZHAO YING v. CHOW LAI CHING AND OTHERS

ZHAO YING v. CHOW LAI CHING AND OTHERS

On the totality of admissible evidence — birth certificate naming the deceased as father, medical consent form signed by the deceased, contemporaneous photographs and extensive video recordings showing the deceased acting and being treated as the child's father, and credible oral evidence from the mother — the court was satisfied to the requisite degree of sureness that the infant is the natural son of the deceased and therefore entitled to succeed under the Intestates Estate Ordinance; costs ordered to be paid out of the estate.

Citation
ZHAO YING v. CHOW LAI CHING AND OTHERS
Parties
Plaintiff (infant): Zhao Ying; 1st Defendant: 1st Defendant (lawful widow); 2nd Defendant: 2nd Defendant (younger brother of 1st Defendant); 3rd Defendant (elder Son): Chiu Tang (3rd Defendant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 December 2010
Case Number
HCMP53/2009
Procedural Posture
Succession/paternity Claim Under Intestates Estate Ordinance / Judgment at Trial (high Court, Court of First Instance)
Outcome
Declaration granted that the plaintiff is the natural son of Chiu Pang (the deceased) and is entitled to succeed under the Intestates Estate Ordinance in respect of the estate administered under Grant No. HACG009127/2008.
Legal Topics
Paternity, Intestate Succession, DNA Testing, Adverse Inference, Standard of Proof
Source Language
EN
Family Law Succession Probate Evidence Paternity Intestate Succession DNA Testing Adverse Inference +1 more

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Parties

Zhao Ying

Plaintiff (infant)

1st Defendant (lawful widow)

1st Defendant

2nd Defendant (younger brother of 1st Defendant)

2nd Defendant

Chiu Tang (3rd Defendant)

3rd Defendant (elder Son)

Procedural Posture

Succession/paternity Claim Under Intestates Estate Ordinance / Judgment at Trial (high Court, Court of First Instance)

Legal Issues

  1. 1 Whether the infant is the natural son of the deceased for purposes of intestate succession
  2. 2 Whether an adverse inference should be drawn from refusal to provide bodily samples for DNA testing
  3. 3 Appropriate standard and degree of sureness required to prove paternity

Ratio Decidendi

On the totality of admissible evidence — birth certificate naming the deceased as father, medical consent form signed by the deceased, contemporaneous photographs and extensive video recordings showing the deceased acting and being treated as the child's father, and credible oral evidence from the mother — the court was satisfied to the requisite degree of sureness that the infant is the natural son of the deceased and therefore entitled to succeed under the Intestates Estate Ordinance; costs ordered to be paid out of the estate.

Court Disposition

Declaration granted that the plaintiff is the natural son of Chiu Pang (the deceased) and is entitled to succeed under the Intestates Estate Ordinance in respect of the estate administered under Grant No. HACG009127/2008.

Orders

  • Declare plaintiff to be the natural son of the deceased and entitled to succession under the Intestates Estate Ordinance in respect of the estate administered under Grant No. HACG009127/2008
  • Costs of the plaintiff, the 1st and 2nd defendants, and the 3rd defendant to be paid out of the estate