Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Registrar requisitions

Legal area

Court

14 Feb 2006

RE LEUNG WAI FONG

Citation

RE LEUNG WAI FONG
Court

Court of First Instance
Case number

HCAG5395/2004

Requisition no.9 is discharged but requisitions no.10 and no.11 must be complied with: the applicant must file a duly apostilled original death certificate for Wong Fung and a competent affidavit proving concubinage because the Registrar is entitled under Rule 5(2) NCPR to require proof beyond the affirmation and the applicant cannot rely on an alternative plea of uncertain status.
30 Jun 2004

RE CHAN HUNG YAN

Citation

RE CHAN HUNG YAN
Court

Court of First Instance
Case number

HCAG24/2004

Specified forms for administrator's oath/affirmation under the Non-Contentious Probate Rules are mandatory in form and substance; omission of a surviving child from paragraphs 1 and 6 constitutes non-adherence and requires amendment and re-affirmation where the form requires that information. The Registrar has broad discretion under rule 5(1) to raise requisitions on status of persons; queries about legitimacy or legitimation arising from the marriage certificate are relevant and must be answered or the affirmation amended accordingly.