30 Apr 2019
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
- Citation
- [2019] HKCFI 1112
- Court
- Court of First Instance
- Case number
- HCMP1400/2014
The son administrator discharged the burden of rebutting the statutory presumption of parentage under s 5(1)(b) of the Parent and Child Ordinance because the jointly instructed DNA report, despite being a deficiency case, was clear, reliable and supported by reasons that demonstrated the infant did not share the deceased's paternal lineage; consequently the infant is not the deceased's natural child and is not entitled to succeed under the Intestates Estates Ordinance. The court therefore entered judgment for the son administrator in both actions.