Is a Paternal Nephew's Right to Inherit His Uncle's Estate Indisputable: The Enligthening Case of Tsang Yuet Mui

Abstract

The English Law has been enforced in Hong Kong since 1842, but some cases involving Chinese traditional practices would be judged on the basis of Qing Code. The Hong Kong Chinese followed the traditional convention of succession in the male line. This essay is to discuss a court case which raises questions regarding a paternal nephew's adoption as heir and his succession to estate. The Court of Appeal had previously refused another paternal nephew's request for the right to inherit his uncle's estate. This paper discusses: (1)the specification of the adoption procedure in the Qing Code that is obviously not concrete enough and so the court needs reliable evidence and reasonable deduction to determine whether the paternal nephew was adopted; and (2)how the court makes fair and reasonable rulings on the basis of legal provision stipulated in the spirit of the Confucianism centuries earlier.