Hong Kong Case Law: Decisions & Judgments

Topic

Indigenous inhabitant status

Legal area

Court

6 Feb 2024

TANG PUN SANG v. TANG KWOK SHUA AND OTHERS

Citation

[2024] HKCFI 359
Court

Court of First Instance
Case number

HCAL1354/2023

Applicant obtained substantial success (settlement of the key relief: Director agreed to process the application without a vouching declaration). On the facts the proper exercise of the court's discretion was to award costs to the Applicant on a party and party basis apportioned 60% to the Director and 10% to each of PR1-PR4; indemnity costs and a certificate for two Counsel were not justified.
20 Jan 2015

TANG CHI CHUNG (MINOR) BY TANG CHAI ON v. TANG SUN YIP AND ANOTHER

Citation

TANG CHI CHUNG (MINOR) BY TANG CHAI ON v. TANG SUN YIP AND ANOTHER
Court

Court of First Instance
Case number

HCMP2476/2014

On the evidence (affirmation of Tang Chai On, birth certificate and DNA material) the plaintiff is the natural son of Tang Chai On and is a member of the Tso from birth (16 February 2011) with entitlement to rights including appropriate share of distributions; however there was insufficient evidence on the customary legal significance and consequences of entry on the Register to grant a declaration that the plaintiff is entitled to have his name recorded in the Register.
20 Dec 2012

NG KOON FAT v. LI WAI CHI, A REVISING OFFICER SITTING AT SHATIN MAGISTRATES\' COURTS AND ANOTHER

Citation

NG KOON FAT v. LI WAI CHI, A REVISING OFFICER<br>SITTING AT SHATIN MAGISTRATES\' COURTS AND ANOTHER
Court

Court of Appeal
Case number

CACV44/2012

The court held that the RO's key findings — that a named Fung ancestor inhabited the village in 1898 and that the Interested Parties descended from him — were not supported by material of logical probative value; reliance on the Block Crown Lease entry and crown rent receipts did not prove residence in 1898 or descent and thus the RO reached conclusions beyond the range of reasonable findings (Wednesbury unreasonable); accordingly the RO's determinations and the ERO's consequent inclusion of the Interested Parties were quashed and the appeal allowed.
27 Dec 2006

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS

Citation

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS
Court

Court of Appeal
Case number

CACV201/2005

The application for leave to appeal was refused because the issue was academic: the trial judge had already made factual findings affecting relief, those findings stood, and the applicant had relied on them; consequently there was no proper basis to submit the question to the Court of Final Appeal.
24 May 2005

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS

Citation

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS
Court

Court of First Instance
Case number

HCAL82/2003

The court found on the evidence that Tsing Yi Hui was not an indigenous village within the meaning of Cap.576, that the Secretary's decision of 18 July 2003 was correct and lawful, that consultation with the Rural Committee was proper and did not invalidate the decision, and that the applicant failed to establish indigenous inhabitant status or sufficient interest; accordingly the judicial review application was dismissed.

Hong Kong Case Law

TANG PUN SANG v. TANG KWOK SHUA AND OTHERS

TANG CHI CHUNG (MINOR) BY TANG CHAI ON v. TANG SUN YIP AND ANOTHER

NG KOON FAT v. LI WAI CHI, A REVISING OFFICER SITTING AT SHATIN MAGISTRATES\' COURTS AND ANOTHER

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS

LAI TAK SHING v. DIRECTOR OF HOME AFFAIRS