Hong Kong Case Law: Decisions & Judgments

Topic

Declaration of death

Legal area

Court

5 Mar 2021

有關鄭曉群的事宜

Citation

[2021] HKCFI 545
Court

Court of First Instance
Case number

HCMP1940/2020

A court will not, on a unilateral originating summons, declare a missing person to be legally dead because there is no adversarial dispute and the court lacks jurisdiction to decide hypothetical matters; the correct procedure is to apply under r.52 of the Non-Contentious Probate Rules to the Judicial Registrar and, if necessary, obtain letters of administration to deal with insurance and tenancy issues.
11 Jan 2017

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING

Citation

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING
Court

Court of First Instance
Case number

HCA1479/2016

The ex parte summons was dismissed: the court declined to make a declaration of death or presumed death and declined to make a representation order under Order 15 r6A because (a) it was not appropriate to grant the declaratory relief in the ex parte context and declarations are statements of legal right not mere factual findings, and (b) the applicant failed to show the representation order was necessary or that all reasonable steps had been taken to trace beneficiaries, so the court would not exercise its discretion to appoint a representative.
9 Mar 2006

RE LO FOOK HING

Citation

RE LO FOOK HING
Court

Court of First Instance
Case number

HCMP361/2006

The court declared Lo presumed dead as of 28 November 1998 because the applicant proved on the balance of probabilities that Lo had been missing since that date despite extensive rescue efforts, inquiries and publicity and there was no communication or trace thereafter.
25 Nov 1983

CHAN WING SZE v. CHAU KIN HUNG

Citation

CHAN WING SZE v. CHAU KIN HUNG
Court

Court of First Instance
Case number

HCAP3/1983

Given the absence of any trace or credible evidence of survival for over seven years and on authority of the common law presumption and In re Benjamin, the court declared Chan Koon Hung dead, declared he died intestate unmarried and without issue, and authorised the executor to distribute the estate on that footing.

Hong Kong Case Law

有關鄭曉群的事宜

LIU YUN HOP AND LIU KWAN KIT SUING AS LIU SUI HING TSO v. LIU TSIK HING

RE LO FOOK HING

CHAN WING SZE v. CHAU KIN HUNG