Hong Kong Case Law: Decisions & Judgments

Topic

Capacity to marry

Legal area

Court

31 Jul 2019

FUNG YING CHEUNG AND OTHERS v. YIP WOON YUNG

Citation

[2019] HKCFI 1818
Court

Court of First Instance
Case number

HCAP26/2014

On the balance of probabilities the judge found that the couple contracted a valid Chinese customary marriage in the Mainland in 1921 based on the parties' descriptions of the rites, subsequent cohabitation and births; expert evidence was not necessary in the circumstances; accordingly the defendants' position that the Deceased and Madam Hom Shee were lawfully married was accepted.
28 Feb 2018

JEN KIT JOSEPHINE, THE ADMINISTRATRIX FOR THE ESTATE OF JEN FRANK CHIA HSIANG, DECEASED v. CHAN SAU WAI SHIRLEY

Citation

[2018] HKCFI 429
Court

Court of First Instance
Case number

HCA346/2014

The court exercised its case management discretion to consolidate HCMP 106/2017 with HCA 346/2014 and to treat the HCMP as if begun by writ because the two proceedings raised largely common questions of fact and law, consolidation would save time and costs, and the originating summons procedure was inappropriate for matters likely to be contested; the court granted leave to amend consolidated pleadings, fixed case management directions and reserved costs.
17 Mar 2017

FUNG SING WAI v. CHOW CHIU WAN AND OTHERS

Citation

FUNG SING WAI v. CHOW CHIU WAN AND OTHERS
Court

Court of Appeal
Case number

CACV245/2015

The Court dismissed the appeal: Madam Chow failed to prove formal validity of the alleged December 1949 marriage (insufficient and unreliable evidence of any celebration meeting the required formalities under the law/custom of the place); even accepting arguments on capacity, the abrogation of the Civil Code and absence of proved formal compliance meant the alleged union could not be recognized for intestacy purposes; accordingly the grant of Letters of Administration to Madam Chow was properly revoked and should remain granted to the plaintiff.
29 May 2009

RE NG KA WING

Citation

RE NG KA WING
Court

Court of First Instance
Case number

HCAG3253/2007

The applicant was legally married to another person until 11 November 1977 and therefore had no capacity to enter a valid marriage with the deceased; coupled with the statutory abolition of Chinese customary marriage from 7 October 1971, the purported customary marriage could not establish her as the lawful kit-fat widow, therefore the probate application must be dismissed.
18 Apr 2002

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER

Citation

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER
Court

Court of First Instance
Case number

HCAP900002/1995

On the balance of probabilities the court found that Wong Wing Song and Wong Yee-Man were the same person; the earlier marriage to Shee Hom Wong (1921 customary marriage and/or common‑law marriage in New York by cohabitation/repute before April 1934) was valid and prior in time; at the time of the later ceremony the deceased lacked capacity to marry the 1st Plaintiff (domicile was New York), so the second marriage is not recognised and the 1st Plaintiff is not entitled to the intestate estate or representation; letters of administration are to be granted to Frank Wong (executor of Shee Hom Wo…
24 Jul 1998

IN RE WONG WONG

Citation

IN RE WONG WONG
Court

Court of First Instance
Case number

HCAG1797/1998

The monogamous marriage contracted in Mainland China could not be converted into a polygamous/concubinage union by the deceased's subsequent acquisition of a Hong Kong domicile; Hong Kong personal law did not permit reviving a customary right to take concubines where the original marriage was monogamous, therefore Madam Lee was not entitled to Letters of Administration.
13 Feb 1989

ERMINDA CONSTANTINO ONG v. CHAU SHUI HING

Citation

ERMINDA CONSTANTINO ONG v. CHAU SHUI HING
Court

Court of First Instance
Case number

HCMP1895/1988

Where a PRC marriage met other formalities and was registered and followed by cohabitation and children, and no annulment was sought before the statutory age was reached (or before the woman became pregnant), the marriage becomes valid despite non‑strict compliance with Article 4; accordingly the 1964 PRC marriage was lawful and the Defendant is the lawful widow.
25 May 1973

LEKHU DEVANDAS SAJNANI v. BHAGWANTI SAJNANI

Citation

LEKHU DEVANDAS SAJNANI v. BHAGWANTI SAJNANI
Court

Court of First Instance
Case number

HCMC4/1973

The petition is dismissed because the petitioner failed to discharge the burden of proving that the respondent was mentally disordered at the time of the marriage; the court accepted the evidence of Drs. Wong and Wedderburn over Dr. Chung and found the petitioner had not established the statutory grounds for nullity on the balance of probabilities.