39
Civil Code (see also Committee Report 2953. pp. 193 and 251)
In the matter of the state of YOUNG SING, YOUNG LING SHI & 2 OTHERS vs YOUNG HONG NING (unreported) the original record was destroyed during the Japanese occupation but a contemporary newspaper report is to be found in the South China Morning Post of the 2nd, 3rd and 4th July 1940.
12. I am indebted to the Secretariat for Chinese Affairs for giving me permission to peruse their files on the subject (particularly SCA3/251/51 and SCA2/351/54).
PR File SCA2/351/54
Wilson's Notes
Wilson's Notes, 61; Van der Valk, op. cit. p. 76 where this custom is described under the title of "T'ung-yang-hsi".
Morris, Hong Kong and Malaya, E.T.M.S.O. 1937, p. 14, for the custom generally see Burkhardt, op. cit., Vol. 1, p. 173.
Hvide Committee Report Appendix IV, p. 120 and Chap. I, para. 13 but in Ping Shan Land Case No. 24 of 1954, JANG LAP TEUNG vs TO SHU KAN (unreported) the Assistant Land Officer (Mr. B.D. Wilson), in the absence of proof that perpetual leases could be made under Chinese custom relied upon the English Rule against Perpetuities. (This case was the subject of Civil Appeal No. 24 of 1954 TO SHU KAN vs. JANG LI YAU TSO (unreported) but Reynolds, J. held that he had no jurisdiction to hear and determine the appeal).
19 (1949) HKLR 58.
1 Wilson's Notes; Gompertz, op. cit. para. 16 and compare Jamieson, Chinese Family and Commercial Law, Shanghai 1921, pp. 30-31.
TM Committee Report, 1953, Chap. V, para. 400 at p. 54.
* Now Cap. 30, and see Committee Report, 1953, Chap. II, para. 17 at p. 9.
De Wilson's Notes.
Committee Report, 1953, Appendix IV, p. 120 and Chap. II, para. 13, after Williams, Ag. C.J. in Civil Appeal No. 16 of 1947, CHEUNG SAU TIM vs CHEUNG YUI LAM, (1948) 32 HKLR 1, at p. 6.
This statement is from Wilson's Notes.
T'ung-yang-hsi = a wife married when both parties were previously unmarried.