Read the full judgment text of CACV 000138/1995 on BabelCite. This Court of Appeal judgment was delivered on 3 May 1996 before Bokhary, Godfrey and Liu, JJ.A..
Civil appeal – New Territories customary law – tso, tong and yuen – ancestral hall property in Tai Po vested in the Tang Yau Yi Tong – contributions by the Kam Tin Tangs of $5,231 (1928) and $938 (1940) recorded in Cheung Chun Yuen's accounts – Whether a tso may join a tong – Whether such joining breaches the rule that only direct male descendants of the focal ancestor may become members of an ancestral worshipping trust – Whether by dedication a share of the Tai Po ancestral hall and land became vested in the Tang Mou Shau Tso – Whether the YUEN and TSO, as distinct entities with identical membership, give the personal defendants beneficial interest – Whether members of the TSO hold sufficient interest to object to the proposed sale – Whether defendants are estopped by the 1991 consent – focal ancestor Tang Mou Shau (22nd generation) – direct male descendants rule – YUEN and TSO distinct entities with identical membership – TONG and TSO not legal entities – Cheung J's order set aside – amendment of parties ordered – declaration that manager of TONG not entitled to sell suit property without consent of personal defendants – personal defendants entitled to beneficial interest as members of the TSO – plaintiffs' claim dismissed – costs to defendants here and below on an order nisi basis.
Legal issues: Whether a tso may join a tong · Whether a share of the Tai Po ancestral hall and land was dedicated to the TSO · Whether the personal defendants hold sufficient interest to object to the proposed sale · Whether the defendants are estopped by the 1991 consent given by Tang Chung Yeung and Tang Chuen Kei
Outcome: Appeal allowed; order of Cheung J set aside; declarations made; parties to be amended
Cited by 1 case