CHOW CHUN KIT, the personal representative of the estate of CHOW WING CHEUK v. CHOW PO YUEN, a minor by PANG ZHENG YUN, her guardian ad litem

CHOW CHUN KIT, the personal representative of the estate of CHOW WING CHEUK v. CHOW PO YUEN, a minor by PANG ZHENG YUN, her guardian ad litem

The court accepted the joint DNA test report as authentic and reliable and found the son administrator discharged the burden of rebutting the statutory presumption of paternity under s5(1)(b) Cap 429; accordingly the infant was not established as a natural child of the deceased and the son administrator succeeded in both HCMP 1400/2014 and HCMP 1455/2014.

Citation
[2019] HKCFI 1112
Parties
1st Plaintiff (infant) in HCMP 1400/2014: Ms Chow Po Yuen; Natural Mother and Former Plaintiff / Guardian Ad Litem: Mdm Pang; Plaintiff in HCMP 1455/2014; Son Administrator: Mr Chow Chun Kit; Deceased (testator): Mr Chow Wing Cheuk; Widow; Defendant in HCMP 1400/2014: Mdm Chow; Lawful Daughter; Defendant in HCMP 1400/2014: Ms Chow
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2019
Case Number
HCMP1455/2014
Procedural Posture
Inheritance/succession (intestate) / Judgment After Trial (hcmp 1400/2014 and HCMP 1455/2014 Heard Together)
Outcome
Judgment for the son administrator (defendant); the infant is not found to be the natural child of the deceased for succession purposes; son administrator's declarations succeed in HCMP 1400/2014 and HCMP 1455/2014
Legal Topics
Paternity, Intestacy, DNA Evidence, Presumption of Paternity, Costs
Source Language
EN
Succession Family Law Probate Evidence Paternity Intestacy DNA Evidence Presumption of Paternity +1 more

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Parties

Ms Chow Po Yuen

1st Plaintiff (infant) in HCMP 1400/2014

Mdm Pang

Natural Mother and Former Plaintiff / Guardian Ad Litem

Mr Chow Chun Kit

Plaintiff in HCMP 1455/2014; Son Administrator

Mr Chow Wing Cheuk

Deceased (testator)

Mdm Chow

Widow; Defendant in HCMP 1400/2014

Ms Chow

Lawful Daughter; Defendant in HCMP 1400/2014

Procedural Posture

Inheritance/succession (intestate) / Judgment After Trial (hcmp 1400/2014 and HCMP 1455/2014 Heard Together)

Legal Issues

  1. 1 Whether the infant is a natural child of the deceased and entitled to succeed under Intestates Estates Ordinance (Cap 73)
  2. 2 Whether the presumption of paternity under s5(1)(b) Parent and Child Ordinance (Cap 429) has been rebutted
  3. 3 What weight to accord the joint DNA test report prepared in a deficiency case

Ratio Decidendi

The court accepted the joint DNA test report as authentic and reliable and found the son administrator discharged the burden of rebutting the statutory presumption of paternity under s5(1)(b) Cap 429; accordingly the infant was not established as a natural child of the deceased and the son administrator succeeded in both HCMP 1400/2014 and HCMP 1455/2014.

Court Disposition

Judgment for the son administrator (defendant); the infant is not found to be the natural child of the deceased for succession purposes; son administrator's declarations succeed in HCMP 1400/2014 and HCMP 1455/2014

Orders

  • Costs of HCMP 1400/2014 and HCMP 1455/2014 to be paid by the infant girl to the son administrator, to be taxed if not agreed
  • Infant girl's own costs to be taxed in accordance with the Legal Aid Regulations (Cap 91A)