Hong Kong Case Law: Decisions & Judgments

Topic

Legitimacy and status of children

Legal area

Court

10 Sept 2004

TANG CHUN KIT (MINOR) BY TANG MAN LOK AND ANOTHER v. TANG LO PING

Citation

TANG CHUN KIT (MINOR) BY TANG MAN LOK AND ANOTHER v. TANG LO PING
Court

Court of First Instance
Case number

HCMP5529/2000

The court held that membership of the Tso is a birthright not dependent on admission ceremonies; on evidence the 2nd Plaintiff is legitimate under Section 11(1) of the Legitimacy Ordinance and both plaintiffs are members of the Tso; there is insufficient evidence of any customary rule that illegitimate sons receive only half shares so the court could not declare retrospective share entitlements; therefore declarations were granted only as to recording the plaintiffs as members (prayers 1 and 3) and retrospective payment declarations (prayers 2 and 4) were refused with the matter restored for…
29 Apr 2000

NG KUK MUI v. YU BIK FONG REBECCA

Citation

NG KUK MUI v. YU BIK FONG REBECCA
Court

Court of First Instance
Case number

HCAP2/1997

On the evidence of the plaintiff and an independent witness the court found the essential stages and ceremonies of a Chinese customary marriage in 1945 and subsequent cohabitation were proved; accordingly the plaintiff is the lawful kit fat wife of the deceased. There was insufficient evidence of any lawful marriage between the deceased and madam Mok. The Letters of Administration granted to the defendant contained an incorrect affirmation and were therefore liable to revocation under s.33(1) of the Probate and Administration Ordinance. The defendant was found to be the deceased's natural (bi…
4 May 1972

YANK TAH TON v. CHAU SAU TSUN

Citation

YANK TAH TON v. CHAU SAU TSUN
Court

Court of Appeal
Case number

CACV35/1971

The appellate court upheld the trial judge's credibility-based findings that the mother had not been proved to have become the father's concubine and that the daughter's marriage was a Chinese customary marriage capable of being dissolved by agreement; the wrongly excluded Rangoon sworn statement would not probably have been a determining factor and so did not entitle the appellant to a new trial; custody/order keeping the infants as wards and refusal of access was not disturbed pending further welfare inquiry.

Hong Kong Case Law

TANG CHUN KIT (MINOR) BY TANG MAN LOK AND ANOTHER v. TANG LO PING

NG KUK MUI v. YU BIK FONG REBECCA

YANK TAH TON v. CHAU SAU TSUN