Hong Kong Case Law: Decisions & Judgments

Topic

Attestation

Legal area

Court

4 Mar 2025

LIU WAI YAN ANGELA v. LIU MEI YUK and LIU MUN YUK, the co-executrices named in the Will of LIU CHI MAN, deceased

Citation

[2025] HKCFI 945
Court

Court of First Instance
Case number

HCAP7/2023

On the admitted facts and sworn evidence of the solicitor and psychiatrist, the defendants discharged the persuasive burden to show due execution, testamentary capacity and knowledge and approval; the plaintiff failed to establish any credible triable issue of lack of knowledge/approval or of undue influence; summary judgment was therefore appropriate and the will was pronounced in solemn form; writ and statement of claim were struck out and costs awarded to defendants.
24 Jan 2014

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

Citation

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
Court

Court of First Instance
Case number

HCA868/2013

The Master held that particulars which are necessary to resolve contested issues about the execution and attestation of the 2005 SPAs (specifically paragraphs 26(a)-(c) and 26(c) of the Defence) are necessary for fair disposal and must be provided; particulars concerning the 95/6 Documents and several other requests were unnecessary or sought evidence and were refused. Accordingly the Defendants were ordered to answer Requests 4(a)-(c) and Request 5 and other requests were dismissed as irrelevant or unnecessary.
17 Jan 2012

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG

Citation

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG
Court

District Court
Case number

DCCJ3396/2011

The court found that the defendant raised arguable triable issues as to identity and the due execution of the Amended Power of Attorney which could not be resolved on affidavit; therefore summary judgment under Order 14 was inappropriate and the defendant was granted unconditional leave to defend.
12 Mar 2010

SIN SIN YU TELLA AND ANOTHER v. MAN LAI CHI

Citation

SIN SIN YU TELLA AND ANOTHER v. MAN LAI CHI
Court

Court of First Instance
Case number

HCCI1/2008

Rule 47(2) of the NCPR in Hong Kong must be pursued by Notice of Motion before the court rather than disposed of by a registrar/master; applicants seeking a grant under Rule 47(2) must file supplemental evidence addressing the basis for intestacy and applicability of s5(2) and must serve the executrix; the court will not ignore a homemade testamentary document without submissions on s5(2) despite non‑appearance of citees.
16 Sept 1993

MANY WISE INVESTMENTS LTD. V. TECH PROFIT DEVELOPMENT LTD.

Citation

MANY WISE INVESTMENTS LTD. V. TECH PROFIT DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCMP2892/1993

The court held that the apparent differences in signatures were satisfactorily explained by the passage of time and different writing implements and were corroborated by other contemporaneous documents, and that the statutory presumption of capacity under s.22 was not rebutted in respect of the mark made by Tam Kam Ting; therefore both requisitions were unjustified or sufficiently answered.
27 Aug 1992

RE STERHEN HENRY MILLER

Citation

RE STERHEN HENRY MILLER
Court

Court of First Instance
Case number

HCB114/1992

The proviso to s.4 of the Bankruptcy Ordinance permits a bankruptcy notice to require payment to an authorised agent without naming the petitioning creditor in the alternative; such omission does not invalidate the notice. The petition was properly attested. Consequently the receiving order was justified and granted.

Hong Kong Case Law

LIU WAI YAN ANGELA v. LIU MEI YUK and LIU MUN YUK, the co-executrices named in the Will of LIU CHI MAN, deceased

KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG

SIN SIN YU TELLA AND ANOTHER v. MAN LAI CHI

MANY WISE INVESTMENTS LTD. V. TECH PROFIT DEVELOPMENT LTD.

RE STERHEN HENRY MILLER