26 Nov 1998
陶根池及另二人 訴 斐文有及另四組人
- Citation
- 陶根池及另二人 訴 斐文有及另四組人
- Court
- Court of First Instance
- Case number
- HCMP562/1992
Ancient private documents over 20 years old are admissible as prima facie evidence of title/possession (not as hearsay) without proof of handwriting etc.; the court must recognise and enforce Chinese customary rights (including Tso holdings) under the N.T. Ordinance even if that requires disregarding conflicting English rules; applying those principles the original founder's family (Yang) retains patronage and the subsequent benefactor's claim fails.