3 Feb 2000
TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS
- Citation
- TO KAN CHI AND OTHERS v. PUI MAN YAU AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV32/1999
On the balance of probabilities the Court accepted the judge's cumulative factual findings that the To Ka Yi Tso/To Clan established and beneficially owned Tsing Wan Kun prior to 1898; key documentary and customary evidence supported private ownership and the Sung Tip evidenced a life management grant not an alienation of ownership; the Ross Ruling lacked authenticity; application of the Chinese Temple Ordinance and registrability did not convert an historically privately owned clan temple into a charity absent exercise of committee powers; therefore the appeal failed and the declaration of b…