Hong Kong Case Law: Decisions & Judgments

Topic

Identity of deceased

Legal area

Court

11 Apr 2013

LAM KEUNG v. LAM SHU SANG

Citation

LAM KEUNG v. LAM SHU SANG
Court

Court of First Instance
Case number

HCMP525/2013

The court relied on uncontradicted contemporaneous documentary evidence (identity documents, birth certificates, the full Divisional Memorial and statutory declaration) and the absence of any grant on the Probate Registry to conclude that the identity of the deceased and the factual matrix concerning the registered land were established, thereby justifying judicial intervention to determine rights in the registered land in the absence of probate.
15 Mar 2007

PARVEEN TAHIRA v. PAUL Y. - SELI JOINT VENTURE

Citation

PARVEEN TAHIRA v. PAUL Y. - SELI JOINT VENTURE
Court

District Court
Case number

DCEC493/2000

The court rejected the 2nd Applicant's substantive costs variation claim and held that the usual rule that costs follow the event applies; the alleged agreement did not extend to the costs of the costs variation application, so paragraph 18(ii) of the earlier ruling was varied to except those costs, and the 2nd Applicant was ordered to pay the costs of the costs variation application to be taxed if not agreed; no order as to costs was made for the re-consideration application and the 2nd Applicant's re-consideration costs were to be taxed under the Legal Aids Regulations.
9 Feb 2007

PARVEEN TAHIRA and on behalf of the dependants of MUHAMMAD SHAHZAD, deceased v. PAUL Y. - SELI JOINT VENTURE

Citation

PARVEEN TAHIRA and on behalf of the dependants of MUHAMMAD SHAHZAD, deceased v. PAUL Y. - SELI JOINT VENTURE
Court

District Court
Case number

DCEC493/2000

The court refused to hold the Respondent liable for the costs of proving identity between competing applicants, varied the awardable costs between 2nd Applicant and Respondent to a common fund basis and ordered specific costs payments by Respondent limited to post-judgment and related applications; the court dismissed 1st Applicant's leave to appeal for lack of real prospect of success because the fresh evidence failed the Ladd v Marshall tests and the primary findings were not plainly wrong; security for costs was adjourned sine die with liberty to restore.
4 Apr 2003

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 Appeal
Case number

CACV242/2002

The Court of Appeal held that DNA sibling and Y‑chromosome evidence conclusively established that the 5th defendant and the 2nd–5th plaintiffs share the same father, thereby resolving identity: Wong Wing Song and Wong Yee Man were the same person. The court accepted that Madam Hom Shee's marriage to the deceased was valid (Chinese customary and/or New York common law) and found the deceased retained domicile of origin in China at the date of the subsequent marriage to the 1st plaintiff, making that marriage valid under applicable law; accordingly the 1st plaintiff is a widow entitled to maint…

Hong Kong Case Law

LAM KEUNG v. LAM SHU SANG

PARVEEN TAHIRA v. PAUL Y. - SELI JOINT VENTURE

PARVEEN TAHIRA and on behalf of the dependants of MUHAMMAD SHAHZAD, deceased v. PAUL Y. - SELI JOINT VENTURE

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