Tan Cheng Gay and Others v. Tan Cheng Gay and Another
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FAMV No. 51 of 2014 IN THE COURT OF FINAL APPEAL OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION MISCELLANEOUS PROCEEDINGS NO. 51 OF 2014 (CIVIL) (ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 200 OF 2013) _____________________
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_____________________ DETERMINATION Mr Justice Ribeiro PJ: 1.In this application for leave to appeal concerning the true construction of a will, it was submitted that leave to appeal is as of right. We do not agree. In our view, the immediacy requirement set out in Chinachem Charitable Foundation Ltd v Chan Chun Chuen[1] is not met. 2.Mr Fung SC also seeks leave on the basis that a question of law of great general or public importance arises based on the common use of the Chinese phrase at the centre of the dispute as to the will’s true construction, namely, the Chinese phrase “名下 ... 的財産”, or “名下所有 ... 的財産”. 3.We are unable to accept that submission. The interpretation of such phrases is necessarily contextual so that resolution of their true construction in the present case cannot possibly settle the meaning of a like phrase appearing in the context of a different document. The construction is therefore case-specific and does not raise a question of great general or public importance. 4.However, the nature of the arguments having been explored at the hearing today, it appears to us that the true construction of the will poses particular difficulties and raises issues as to the proper scope and application of section 23B of the Wills Ordinance.[2] We grant leave on that basis. 5.Counsel having assured us that the appeal can without difficulty be dealt with in a day, we direct that it be heard on 29 September 2015.
Mr Patrick Fung, SC and Mr. Johnny Ma instructed by Messrs Fairbairn Catley Low & Kong, for the 1st - 4th plaintiffs (applicants) Ms. Lisa K Y Wong, SC and Mr. Derek Hu instructed by Messrs ONC Lawyers, for the 1st defendant (respondent) |
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