Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Validity of adoption ceremony

Legal area

Court

28 Apr 2022

吳彩琼對吳慶年

Citation

[2022] HKCFI 1175
Court

Court of First Instance
Case number

HCAP21/2018

Court found the defendant not a credible or reliable witness, rejected key supporting affidavits and documentary assertions as unproved or likely forged, and concluded the defendant failed to prove any lawful customary adoption (which must be public and family-acknowledged). Consequently the grant of letters of administration obtained by the defendant was revoked and his counterclaim dismissed.
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…