Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Application of english law

Legal area

Court

25 Nov 1986

KAN FAT TAT ALSO KNOWN AS KAN FAT v. KAN YIN TAT ALSO KNOWN AS KAN TAT

Citation

KAN FAT TAT ALSO KNOWN AS KAN FAT v. KAN YIN TAT ALSO KNOWN AS KAN TAT
Court

Court of First Instance
Case number

HCMP865/1982

Compensation (letters B and cash) paid for compulsory resumption of Tso land remains subject to the Tso/customary trust rather than automatically treated as alienable corpus distributable on demand; the court held it would be unjust and oppressive to apply the rule against perpetuities to destroy the Tso by treating compensation as freely alienable, so no resulting trust was declared to arise in favor of the Defendant and no court‑ordered distribution was granted. Distribution of compensation cannot be compelled by a single member or a majority; unanimous consent of Tso members (and complianc…
26 Apr 1974

CHAN HING-CHEUNG AND OTHERS v. THE QUEEN

Citation

CHAN HING-CHEUNG AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC579/1973

Having regard to Hong Kong's local circumstances, customary recognition of tsips/secondary wives, related local statutes and binding Privy Council authority, the court concluded that a woman in the position of a tsip is to be treated as a 'wife' for the purposes of s.6 Evidence Ordinance and is therefore incompetent to give evidence against her husband in criminal proceedings; because her evidence was material to the convictions the appeals were allowed and the convictions quashed.