Chan Kam Chuen v Leung Ho Wai Chun
| Jurisdiction | Hong Kong |
| Docket Number | Case No. 119 |
| Date | 16 August 1947 |
| Court | Supreme Court (Hong Kong) |
(Williams, J.)
Belligerent Occupation — Rights and Duties of Occupant — Power to Set up Courts — Japanese Civil Court in Hong Kong — Grant of Letters of Administration.
Belligerent Occupation — Judgment of Courts set up by Occupying Power — Grant of Letters of Administration — Variations in Procedure — Whether Cause for Invalidity — Japanese Civil Court in Hong Kong.
The Facts.—In this action plaintiff asked for a declaration against defendant as administratrix of the estate of Leung Lau Shi, deceased, that he was the sole beneficial owner of the land and dwelling-house known as No. 9 Reclamation Street. Before obtaining a grant of administration of the estate of Leung Lau Shi the defendant had sold the property, which formed part of the estate, to the plaintiff. After the sale defendant had been granted letters of administration of the estate by the Japanese Civil Court functioning in Hong Kong during the occupation of that Colony. Defendant now repudiated the sale and contended that the grant of administration to her by the Japanese Civil Court was invalid upon the ground that it did not follow the exact procedure of the ordinary Courts of Hong Kong. In particular it was granted without the requirement of a bond from her guaranteeing complete and full administration of the estate. Further, since the proper person to apply for administration was the infant of defendant, the heir at law of deceased, the grant to defendant ought to have been, but was not, limited to enure durante minore aetate. The defendant contended that as the grant of administration was invalid it could not relate back to validate the prior sale in accordance with the doctrine of “relation back”. The plaintiff argued that the variations in procedure were not sufficient to render invalid the grant of administration by the Japanese Civil Court, that the doctrine of “relation back” was therefore applicable, and the sale was valid.
Held: that the grant of letters of administration by the Japanese Civil Court in Hong Kong was valid in spite of slight variations from the procedure adopted by the ordinary courts.
The Court said:
“Dealing with the point as to whether this Court should recognise the grant made by the Japanese Court, I was referred to a previous decision of this Court1 where I held that certain transactions done by persons whom the Japanese Court had appointed as ‘trustees’ of an estate were valid...
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