Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Incomplete gift
  • 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.

  • 16 Sept 2005

    HARVEY SIN WAI LEE v. OFFICIAL ADMINISTRATOR AND ANOTHER

    Citation
    HARVEY SIN WAI LEE v. OFFICIAL ADMINISTRATOR AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAP4/2000

    On the balance of probabilities the court found there was no valid customary adoption of C S Lee in Toishan in 1928 and the purported post‑death appointment at the 1947 Oi Kwan Hotel meeting was ineffective for want of the required ancestral‑worship ceremony; the asserted 1960 gift by Madam Chow to Madam Wong failed because there was no parting with dominion and no effective donatio mortis causa; accordingly the estate succeeds and judgment is entered for the estate against Madam Wong and Luk Hoi Tong for recovery of the shares and frozen dividends; the grant to C S Lee is prima facie revocab…