10 Oct 1989
NG YEUNG LAI LIN AND ANOTHER v. FUNG SHUI KWAN AND ANOTHER
- Citation
- NG YEUNG LAI LIN AND ANOTHER v. FUNG SHUI KWAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAP1/1987
Section 7(2) of the Marriage Reform Ordinance raises a presumption that a marriage celebrated in accordance with proved local traditional customs is deemed to accord with Chinese law and custom, but that presumption is rebuttable; here the presumption in favour of the 1st defendant was not rebutted by evidence of custom but was successfully rebutted by the clear prohibition in the Ta Tsing Lut Li against more than one living wife, therefore the 1st defendant's 1944 marriage cannot be declared a valid customary marriage under the Marriage Reform Ordinance and she is not a 'wife' for intestate…