8 May 2002
LIU YING LAN v. LIU TUNG YIU AND ANOTHER
- Citation
- LIU YING LAN v. LIU TUNG YIU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA6693/1992
Court held that the 1st Defendant is not eligible to be posthumously adopted as son of the deceased and therefore is not a 'person who should succeed' under art.88(2) Qing Code and is not entitled to succeed to the subject property; the Adoption Ordinance does not preclude customary adult/posthumous adoption but the 1st Defendant was disqualified under customary law (had already succeeded in his natural line); s.13 requires application of Chinese customary law to non-exempt New Territories land; a general declaratory order in favour of the plaintiff is refused because interested elders/lineag…