Hong Kong Case Law: Decisions & Judgments

Topic

Recognition of foreign law

Legal area

Court

10 Mar 2006

CHAN KONG v. CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD AND OTHERS

Citation

CHAN KONG v. CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4101/2001

The statement of claim was struck out because it is founded on membership of a Tong and an inherited partnership model which, as pleaded, create inalienable and indefinite interests offending the rule against perpetuities and are not enforceable by Hong Kong courts in relation to property on Hong Kong Island (and are not saved by the New Territories Ordinance); the partnership alleged is not a recognised contractual partnership under Hong Kong/English law and would be contrary to public policy; amendment could not cure these fundamental defects.
24 Apr 1998

CHAN CHIU LAM AND OTHERS v. YAU YEE PING

Citation

CHAN CHIU LAM AND OTHERS v. YAU YEE PING
Court

Court of First Instance
Case number

HCAP6/1991

Section 2(2)(b) of the Intestates Estates Ordinance is limited to natural children of a valid marriage; the statutory definition of 'union of concubinage' in section 13(2) requires a union recognised by law (de jure); on the facts and expert evidence the Civil Code of 5 May 1931 abolished legal recognition of concubinage in China, therefore the primary claims based on concubinage during the Civil Code era fail and the adopted child (P3) is not entitled under s2(2)(b).
22 May 1987

DOAN QUANG HANH v. VU THI THAM

Citation

DOAN QUANG HANH v. VU THI THAM
Court

Court of First Instance
Case number

HCA7/1986

The 29 December 1973 ceremony was not a valid marriage under the law of the Democratic Republic of Vietnam because it was not performed or witnessed before a state official; accordingly the Petitioner is entitled to a decree nisi of nullity and, given the circumstances and the Respondents lack of opposition, time is abridged and the decree absolute is ordered forthwith; the prayers for dissolution premised on a subsisting valid marriage are dismissed and the court declines to declare the 15 April 1982 marriage valid for want of sufficient material.
9 Apr 1986

CHAN CHYUNG HING v. WONG KIM WAH AND OTHERS

Citation

CHAN CHYUNG HING v. WONG KIM WAH AND OTHERS
Court

Court of First Instance
Case number

HCAP5/1984

The court found on the balance of the evidence that the deceased was born in China and had acquired a domicile of choice in Hong Kong by 1942; the 1942 ceremony, viewed as a whole against the flexible, evolving character of Chinese customary law, satisfied the essential rites and constituted a valid Chinese customary marriage; the late Macau registrations were aimed at obtaining travel documents and did not defeat the earlier facts; no evidence proved dissolution of the first marriage before the 1952 marriage; therefore the plaintiff was the lawful widow and entitled to letters of administrat…

Hong Kong Case Law

CHAN KONG v. CHAN LI CHAI MEDICAL FACTORY (HONG KONG) LTD AND OTHERS

CHAN CHIU LAM AND OTHERS v. YAU YEE PING

DOAN QUANG HANH v. VU THI THAM

CHAN CHYUNG HING v. WONG KIM WAH AND OTHERS