|
Press Summary (English)
Press Summary (Chinese)
FACV No. 1 of 2024
[2024] HKCFA 21
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
FINAL APPEAL NO. 1 OF 2024 (CIVIL)
(ON APPEAL FROM CACV NO. 418 OF 2020)
_________________________
|
BETWEEN
|
|
|
LUI MING LOK (雷明樂)
|
Plaintiff
|
|
|
|
(Appellant)
|
|
|
and
|
|
|
|
NG IM FONG LORETTA (伍艷芳),
the executrix of the estate of LUI KWAN CHEUNG (雷均祥),
Deceased under the Grant of Probate No. HCAG016896/2015
|
Defendant
(Respondent)
|
______________________
|
Before:
|
Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Lord Neuberger of Abbotsbury NPJ
|
|
Date of Hearing:
|
19 June 2024
|
|
Date of Judgment:
|
1 August 2024
|
__________________
JUDGMENT
__________________
Chief Justice Cheung:
1.
I agree with the judgment of Lord Neuberger of Abbotsbury NPJ.
Mr Justice Ribeiro PJ:
2.
I agree with the judgment of Lord Neuberger of Abbotsbury NPJ.
Mr Justice Fok PJ:
3.
I agree with the judgment of Lord Neuberger of Abbotsbury NPJ.
Mr Justice Lam PJ:
4.
I agree with the judgment of Lord Neuberger of Abbotsbury NPJ.
Lord Neuberger of Abbotsbury NPJ:
A. Introduction
5.
The primary question on this appeal is whether a marriage to which one of the parties is unable to consent due to mental incapacity (an expression I use to cover any mental disorder, including unsoundness of mind, which vitiates consent) could, at least in some circumstances, be void rather than voidable. There is also a secondary issue if the answer to that question is no, namely whether the answer may be different if the person challenging the validity of the marriage was not a party to the marriage.
B. The facts
6.
The facts of this case can be very shortly explained.
7.
On 1 August 2010, Lui Kwan Cheung (“
the deceased
”) married the Respondent, Ng Im Fong Loretta, when he was 81 and she was 77. Shortly after the marriage (“
the Marriage
”), on 21 August 2010, the deceased made a will (“
the 2010 Will
”) naming the Respondent as his executrix and sole beneficiary. Four years later, on 31 July 2014, he died aged 85, and the Respondent was granted probate on 1 December 2015.
8.
The Appellant, Lui Ming Lok, is a nephew of the deceased, who apparently only learned of his death and of the 2010 Will in 2018. The Appellant was a beneficiary under an earlier will made by the deceased on 25 June 1994 (“
the 1994 Will
”).
9.
There was evidence in other proceedings involving the Respondent, in which it was said that, around the time of the Marriage the deceased was suffering from an advanced stage of Alzheimer’s disease and was “
not capable of handling his daily business completely
”.
C. These proceedings
10.
By a writ issued on 2 July 2019, the Appellant (i) challenged the validity both of the Marriage and of the 2010 Will, on the gr
| 
Back
