16 Jul 2020
The petitioner failed to prove a substantial connection with Hong Kong as at 10 August 2017 (insufficient physical presence and insufficient evidential ties), therefore the Hong Kong court lacked jurisdiction and the amended petition is dismissed; alternatively, even if jurisdiction existed, the Beijing Court was the clearly more appropriate forum and a stay would have been granted.
26 Nov 1998
Where explicit agreement or sufficient contribution exists the court will allocate beneficial interests accordingly; on the facts the court found an ante-nuptial agreement giving the wife half the first property, determined contributions to the second and third properties and quantified the husband's entitlement, dismissed the father's contractual/resulting trust claim and refused ancillary maintenance in light of the wife's resources and substantial proceeds; awarded husband a lump sum of HKD 300,000 as full settlement of his claims against the proceeds.
26 Nov 1998
On the facts the court found (1) the wife held an ante-nuptial half share in the first property so proceeds split 50/50; (2) the husband withdrew significant funds and the second property was predominantly funded by the wife so shares were 1/7 to husband and 6/7 to wife; (3) the third property contributions equated to husband 1/16 and wife 15/16 and husband’s contributory entitlement thereon was HKD 140,000 but equity and interest were settled by a lump sum award of HKD 300,000; the father's contractual/resulting trust claim was untenable; no periodical payments or lump sum maintenance were o…