26 Sept 2018
YAP SUI KONG v. YIP FONG TIM
- Citation
- [2018] HKCA 635
- Court
- Court of Appeal
- Case number
- CACV191/2017
The Court upheld the trial judge's factual findings that Ip Cheung Hong was a natural son and that the plaintiff had not established descent on the evidence presented, found no improper interference by the judge in trial management, but concluded the judge failed to address important community-based circumstantial evidence (repatriation of remains, distribution of compensation and the 1966 visit) material to the plaintiff's lineage; accordingly the appeal is allowed in part and the issue of the plaintiff's lineage is remitted for retrial before another judge.