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Hong Kong Case Law

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Probate [2026] HKCFI 1262

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK, in his personal capacity and in his capacity as the executor of the estate of LAI DENNIS

The court varied an earlier probate order to allow Cellmark Forensic Services to conduct post-mortem DNA testing, appointing a Hong Kong agent to collect samples and making costs orders.

  • Paternity
  • Dna testing
  • Exhumation
  • Expert appointment
  • Chain of custody
  • Costs
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Probate [2025] HKCFI 3105

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK, in his personal capacity and in his capacity as the executor of the estate of LAI DENNIS

法庭拒絕批准上訴許可申請,認為申請人未能證明上訴有合理成功機會,並維持將程序分為親子問題及遺囑效力兩部分的處理方式。

  • Security for costs
  • Leave to appeal
  • Paternity
  • Locus standi
  • Validity of will
  • Testamentary capacity
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Probate and succession [2025] HKCFI 2352

LIU KAIBANG, a minor, by his next friend and mother LIU LIJUAN v. LAI JOSEPH TAK

法院駁回被告就訟費擔保提出的上訴,認為原告在初步親子關係爭議上有很高勝訴機會,故現階段不應命其就整體程序提供擔保。

  • Security for costs
  • Validity of will
  • Paternity and parentage
  • Costs orders
  • Preliminary issues and directions
  • Security-for-costs
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Family law [2025] HKFC 47

RE HDF

The Family Court held that an unregistered biological father could not obtain custody under the GMO without first securing a declaration of parentage under the PCO.

  • Custody of illegitimate child
  • Declaration of parentage
  • Statutory presumptions of paternity
  • Jurisdictional requirements for parentage declarations
  • Interim custody orders
  • Custody
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Family law [2020] HKFC 19

C H, suing by C K Y N, his mother and next friend v. W K Y P

The District Court refused leave to appeal in a paternity DNA-testing case, holding that section 13 of the Parent and Child Ordinance had been properly applied.

  • Paternity
  • Dna testing
  • Section 13 pco
  • Leave to appeal
  • Right to privacy
  • Burden of proof
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Succession [2019] HKCFI 1112

CHOW PO YUEN, a minor by PANG ZHENGYUN, her mother and next friend AND ANOTHER v. CHOW CHUN KIT, the administrator of the estate of CHOW WING CHEUK, deceased and in his personal capacity AND OTHERS

The Court of First Instance held that joint DNA evidence rebutted the statutory presumption of parentage, so the infant claimant was not the deceased’s natural child.

  • Legitimacy
  • Paternity
  • Intestacy
  • Burden of proof
  • Presumption of parentage
  • Admissibility and weight of dna evidence
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Family law [2019] HKFC 79

C H, suing by C K Y N, his mother and next friend v. W K Y P

The Family Court ordered scientific tests in a paternity dispute, holding that the child’s interest in determining parentage outweighed the respondent’s privacy objections.

  • Paternity
  • Dna/scientific testing
  • Right to privacy
  • Parent and child ordinance s13
  • Inference from refusal to test
  • Child welfare
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Inheritance law [2018] HKCFI 2

CHOW CHUN KIT, the personal representative of the estate of CHOW WING CHEUK v. CHOW PO YUEN, a minor by PANG ZHENG YUN, her guardian ad litem

The court refused a split trial and preliminary issue application in estate-maintenance proceedings, holding that liability and quantum were too closely connected.

  • Maintenance under inheritance (provision for family and dependants) ordinance
  • Separate trial
  • Preliminary issue
  • Discovery
  • Intestacy
  • Paternity/dna
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Family law OMH (a minor) by AS, his mother and next friend v. MT

OMH (a minor) by AS, his mother and next friend v. MT

法院上訴庭批准就親子關係作出聲明,認定 respondent 為申請人的自然父親,並指明在缺乏 DNA 證據但整體證據足夠時仍可作出判令。

  • Declaration of parentage
  • Section 6 parent and child ordinance
  • Use of scientific tests to determine parentage
  • Substituted service
  • Public policy discretion
  • Parentage
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.