Hong Kong Case Law: Decisions & Judgments

Topic

Domicile of choice

Legal area

Court

27 Nov 2019

AH PIN SAY NAI v. TAM MEE LING (譚美玲) also known as MEE LING TAM, the administratrix of the estate of KWOK LEUNG LAM also known as KWOK LEUNG LAM also known as LAM, KWOK LEUNG (林國良), DECEASED

Citation

[2019] HKCFI 2856
Court

Court of First Instance
Case number

HCMP1240/2017

Applying the Domicile Ordinance and authorities to the primary facts, the court found the deceased had, by emigration, naturalization, long residence, integration into Toronto community (citizenship, taxes, health care, church membership, photographic society leadership), matrimonial home and burial arrangements, formed the requisite intention to make Toronto his home indefinitely; therefore he died domiciled in Toronto and Hong Kong intestacy rules (IEO) do not apply and the plaintiff's claims fail.
22 Feb 2019

RE CAI SUI RONG

Citation

[2019] HKCFI 514
Court

Court of First Instance
Case number

HCB2859/2018

Crossexamination was ordered limited to domicile and place of residence because those are jurisdictional facts turning on the respondent's subjective intention and explanations for objective indicators recorded in evidence; the bank is entitled to test those assertions in person. Crossexamination was refused on the timing of the respondent's knowledge of the statutory demand because rule 46 of the Bankruptcy Rules focuses on whether the creditor took all reasonable steps to bring the demand to the debtor's attention, not on when the debtor actually became aware of it, and the bank did not sho…
4 May 2007

LU SUI PING v. GAO LI FU

Citation

LU SUI PING v. GAO LI FU
Court

Court of First Instance
Case number

HCMP1314/2006

The court found on the balance of probabilities that Mr Gao's Hong Kong presence was employment secondment in company quarters while maintaining a home in Guangzhou and returning there regularly, and that there was insufficient evidence of the requisite intention to reside permanently or indefinitely in Hong Kong; accordingly his Chinese domicile of origin persisted (or revived) and he was not domiciled in Hong Kong at death.

Hong Kong Case Law

AH PIN SAY NAI v. TAM MEE LING (譚美玲) also known as MEE LING TAM, the administratrix of the estate of KWOK LEUNG LAM also known as KWOK LEUNG LAM also known as LAM, KWOK LEUNG (林國良), DECEASED

RE CAI SUI RONG

LU SUI PING v. GAO LI FU