26 Apr 1991
RE YU LEUNG FONG
- Citation
- RE YU LEUNG FONG
- Court
- Court of First Instance
- Case number
- HCMP1130/1991
The originating summons was a nullity because the court lacks inherent jurisdiction to grant ex parte declarations of presumption of death; the correct course is to pursue statutory or procedural remedies (Matrimonial Clauses Ordinance s.26, Rule 52 Non-contentious Probate Rules, Benjamin orders, or conventional conveyancing and reliance on the seven-year presumption).