Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Priority among kin
  • 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…