Hong Kong Case Law: Decisions & Judgments

Topic

Recognition of foreign marriage

Legal area

Court

9 Jan 2017

WONG SIK YUK v. TSUI LEN

Citation

WONG SIK YUK v. TSUI LEN
Court

Court of First Instance
Case number

HCA1194/2015

The court refused to strike out the Statement of Claim because, notwithstanding significant difficulties and evidence challenging the PRC notarial certificate, it was not 'plain and obvious' that the plaintiff could never prove the alleged 1979 marriage; genuine factual disputes and legal questions remain for trial or further investigation, and summary disposal would be inappropriate.
9 Apr 2008

HRT fka HS v. RHT

Citation

HRT fka HS v. RHT
Court

Court of First Instance
Case number

HCMP348/2008

Leave to appeal was refused because the trial judge's finding that the 1960 Sindhi Hindu ceremonial marriage was valid under Indonesian law — given there was no registration requirement or machinery in 1960 and Marriage Law 1/1974 did not retroactively invalidate pre-1974 customary marriages — had no reasonable prospect of success on appeal and therefore the application for leave lacked merit.
18 Apr 2002

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER

Citation

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER
Court

Court of First Instance
Case number

HCAP900002/1995

On the balance of probabilities the court found that Wong Wing Song and Wong Yee-Man were the same person; the earlier marriage to Shee Hom Wong (1921 customary marriage and/or common‑law marriage in New York by cohabitation/repute before April 1934) was valid and prior in time; at the time of the later ceremony the deceased lacked capacity to marry the 1st Plaintiff (domicile was New York), so the second marriage is not recognised and the 1st Plaintiff is not entitled to the intestate estate or representation; letters of administration are to be granted to Frank Wong (executor of Shee Hom Wo…
24 Jul 1998

IN RE WONG WONG

Citation

IN RE WONG WONG
Court

Court of First Instance
Case number

HCAP1797/1998

A change of domicile to Hong Kong does not convert a monogamous marriage contracted in Mainland China into a polygamous marriage and therefore cannot revive a customary capacity to take concubines; consequently Madam Lee's application for Letters of Administration was refused.

Hong Kong Case Law

WONG SIK YUK v. TSUI LEN

HRT fka HS v. RHT

WONG ZHONG LAN-XIANG AND OTHERS v. FRANK WONG AND ANOTHER

IN RE WONG WONG