4 Jul 2000
CHAN CHIU LAM AND OTHERS v. YAU YEE PING
- Citation
- CHAN CHIU LAM AND OTHERS v. YAU YEE PING
- Court
- Court of Appeal
- Case number
- CACV23/2000
The court held that for s.2(2)(b) of the Intestates Estates Ordinance to extend 'issue' to a claimant by virtue of parents' concubinage, the parents must have been parties to a union of concubinage recognised as such by the applicable personal law at the relevant time; concubinage had been abolished under the parties' applicable Mainland law (ROC/PRC) and therefore the 2nd plaintiff was not a child of a qualifying union and could not inherit under s.4(5). Consequently the appeal was allowed and the 2nd plaintiff's claim failed.