Hong Kong Case Law: Decisions & Judgments

Topic

Customary adoption

Legal area

Court

30 Aug 2021

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

Citation

[2021] HKCFI 2527
Court

Court of First Instance
Case number

HCMP146/2019

On construction the word 'grandsons' in clause 4(d) was held to include both paternal and maternal grandsons in its context and purpose; D4's evidence and contemporaneous Declaration established a serious customary adoption in 1969 which the court accepted as 'duly adopted' for the purposes of the Will; therefore D4 qualified under clause 4(d) and the plaintiff's declarations failed and were dismissed.
10 Jan 2018

LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

Citation

[2018] HKCA 9
Court

Court of Appeal
Case number

CACV156/2015

On the evidence the court was not satisfied on the balance of probabilities that Lily Cheung had been validly adopted by the Deceased because the essential requirement of an adoption ceremony and clear corroborative evidence was not proven; although wardship under PWJO does not necessarily terminate an adoption, no valid adoption was established; similarly, evidence of a 1949 marriage and its continued subsistence was inconsistent and insufficient so Cheung Wai Kwok was not proved to be the surviving spouse. Consequently both appeals fail and the judge's declaration that Luk Tung Mei is the l…
16 Sept 2005

OFFICIAL ADMINISTRATOR v. THE LUK HOI TONG CO LTD AND ANOTHER

Citation

OFFICIAL ADMINISTRATOR v. THE LUK HOI TONG CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1348/2000

On the balance of probabilities the claimed customary adoption in Toishan in 1928 was not proved; the 1960 transfer/gift failed because the widow did not part with dominion and there was no effective donatio mortis causa or unconditional gift; consequently the 1985 registration in Madam Wong's name was void as against the estate and judgment is entered for the estate against Madam Wong and Luk Hoi Tong; limitation did not bar the estate's claim because time runs from the grant of letters of administration in 1998.
26 Nov 1997

WONG YUEN HEI AND ANOTHER v. WONG CHI PUN AND ANOTHER

Citation

WONG YUEN HEI AND ANOTHER v. WONG CHI PUN AND ANOTHER
Court

Court of First Instance
Case number

HCA6611/1996

The plaintiffs proved on the balance of probabilities that their father purchased the disputed property in the mid‑1940s, they have occupied it continuously since then and are his successors entitled under New Territories succession law; accordingly they are the beneficial owners of the disputed property (declaration granted); alternatively, had succession failed, their long uninterrupted possession would have given them title by adverse possession.
12 Nov 1983

YAU TIN SUNG v. YAU WAN LOI

Citation

YAU TIN SUNG v. YAU WAN LOI
Court

Court of First Instance
Case number

HCA6185/1981

On the facts, the defendant failed to prove a valid customary adoption because no credible evidence of the essential public adoption ceremony existed and a purported adoption document was fabricated; under Tsing customary law the plaintiff was the closest relation of the proper generation and a likely kim tiu candidate; a kim tiu adoption can be posthumous and is subject to customary formalities; accordingly the defendant is not a successor to the estates of Yau Kwok Hung or Yau Tung On and sums received by him as proceeds are held on trust for the rightful successors; laches did not bar the…

Hong Kong Case Law

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

LILY CHEUNG v. CHEUNG WAI KWOK AND ANOTHER

OFFICIAL ADMINISTRATOR v. THE LUK HOI TONG CO LTD AND ANOTHER

WONG YUEN HEI AND ANOTHER v. WONG CHI PUN AND ANOTHER

YAU TIN SUNG v. YAU WAN LOI