26 Nov 1998
陶根池及另二人與另二組人 訴 斐文有及另四組人
- Citation
- 陶根池及另二人與另二組人 訴 斐文有及另四組人
- Court
- Court of First Instance
- Case number
- HCMP2084/1994
The court held that the temple belonged to the Yang family as founders' heirs; Chang's asserted patronage and endowment were set aside (endowment to be returned or sold) and corporal punishment ordered; the ruling endorsed admissibility and probative value of ancient documents (20+ years) from proper custody as evidence of possession/ownership and held that Chinese customary Tso rights in the New Territories must be recognised even if that requires disregarding conflicting English rules such as the rule against perpetuities.