25 Jan 2008
TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
- Citation
- TANG CHE TAI AND OTHERS v. TANG ON KWAI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV137/2007
The court dismissed the defendants' appeal and held the 1982 decision was not binding on the membership of the Tong: it was not enforceable in perpetuity under Chinese law and custom (and was found to have been procured by duress on the facts), distributions of assets devoted to ancestral worship cannot be made absent unanimous consent of adult members (or conforming representation rules), and the 2002 pai-ji distribution was unlawful; accordingly an injunction restraining further distributions was granted while permitting limited customary payments.