Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 5 factors

  • 10 Feb 2017

    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS

    Citation
    TAM MEI KAM v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV181/2016

    The appeal was dismissed because the judge lawfully exercised his statutory discretion under ss3–5 Cap 481 in ordering generous periodic payments instead of a lump sum: given the applicant's advanced age, health and capacity concerns, the need to secure ongoing payment of medical expenses, the ability to vary payments under s8, and the limited maintenance purpose of the Ordinance for non‑spousal applicants, a lump sum was not appropriate; the judge did not misapply s5 or take irrelevant matters into account and his conclusion fell within a permissible range of judgment.

  • 22 Jan 2010

    KWOK LOK YIN v. WOO BIK WAH

    Citation
    KWOK LOK YIN v. WOO BIK WAH
    Court
    District Court
    Case number
    DCMP2755/2008

    The court held that the minor, as a dependant, was entitled to reasonable financial provision from the deceased's available pool (the pension/death gratuity payable on death), that the application was not time-barred because no representation to the estate had been taken out, and that having regard to the applicant's needs, the respondent's resources and prior transfers, an order for HK$400,000 to be paid into court with monthly payments of HK$5,000 to the minor via her next friend until 18 was reasonable and should be made.