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.
39
Civil Code (see also Committee Report 2953. pp. 193 and 251
In the matter of the I state of YOUNG SING YOUNG LING SH! & 2 OTHERS vs YOUNG HONG NING (unreported) the original record was destroyed during the Japanese occupation but a contentporary newspaper report is to be found in the South China Morning Post of the 2nd, 3rd and 4th July 1940
12 | ani indebted to the Secretariat for Chinese Allans for giving me permission to peruse then files on the subject (particularly SCA 3/251/51 and SCA 2/35 1/54)
PR File SCA 2/351/54
Wilson's Notes
Wilson's Notes, 61– Van der Voll, op cat p 76 where thus custom is described under the title of "L'ung yang-list"
Mor Isarm Hong Kong and Malaya, ET MISO 1937. p 14. for the custom generally see Bukhardt, op cr, Vol 1. p 173
Hvide Committee Report Appendix Lat p. 120 and Chap I, para 13 but in Ping Shan Land Case No 24 of 1954, JANG LAPTEUNG vs TO SHU KAN (unreported) the Assistant Land Officer (M: BD) Wilson), in the absence of proof that perpetual leases could be made under Chinese custom relied upon the English Rule against Perpetinties (This case was the subject of Civil Appeal No. 24 of 1954 10 SHU KAN »5. JANG LI YAU TSO (unieported) but Reynolds J. held that be had in jurisdiction to beat and determine the appealy
19 (1949) 3VEIKLR 58
1 Wilson's Notes, Gompertz, op cit para 16 and compare Jameson Chinese Family and Commercial Law, Shanghai 1921 pp 30-31
TM Committee Report 1953, Chap. V para 8400 at p. 54
* Now Cap 30, and see Commoner Report 1953 Chap 11 para 17 arp 9
De Wilson's Notes
Committee Report, 1953, Appendix Fat p. 120 and Chap II para 13, after Williams Ag CJ in Civil Appeal No. 16 of 1947 CHILUNG SAU TIM vs CHEUNG YUI LAM, (1948) 32 TIKUR I, tp 6
This statement is from Wilson's Notes.
IKK = a wide marned when both parties were previously unman ied
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