27 Mar 2000
LAU LEUNG CHAU AND OTHERS v. LAU YUK KUI AND OTHERS
- Citation
- LAU LEUNG CHAU AND OTHERS v. LAU YUK KUI AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV15/1999
The DFA is valid because no ancestral worship trust existed: under Chinese law and custom such trusts require inter vivos creation by positive steps (registration or establishment of a tso/tong) and cannot be constituted solely by a testamentary codicil; Hong Kong law will not manufacture a hybrid form of the institution contrary to how Chinese law/custom operates; accordingly the challenge to the DFA for purported breach of an ancestral worship trust fails.