Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Accounting for trust proceeds
  • 8 Sept 1992

    TSANG WING LUNG v. TSANG LUN AND ANOTHER

    Citation
    TSANG WING LUNG v. TSANG LUN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA7770/1987

    Plaintiff proved on balance of probabilities that he is a son entitled under Chinese customary succession; s13 Cap 97 requires recognition of Chinese custom governing New Territories land and thus limitations that would defeat substantive customary succession must be disregarded; alternatively the action falls within s20(1)(b) Cap 347 because the deceased and co-defendant became constructive trustees and, on the evidence and reasonable inference, converted trust property or its proceeds, and claims for rectification and an account are integral to recovery and therefore not time-barred; accord…