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…