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09 September 2010 / Michael Tringham
Issue: 7432 / Categories: Features , Wills & Probate
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One child—two mothers

Michael Tringham reports on the story behind a HK$10m intestacy

The Hong Kong justice system has, King Solomon-like, decided between two mothers claiming the same son. At stake: the HK$10 million (£1m) intestate estate of 51-year old Hong Kong GP and childless widower Dr Tsang, who died suddenly of heart disease in 2001 without a will.

Two women, both in their 70s, claimed to be the deceased’s mother in a bitter five-year drama fought from Hong Kong’s High Court to the Final Court of Appeal. Final victory went to Dr Tsang’s natural mother, Mdm L F Leung—or rather, her estate, the lady having died between the High Court and Final Appeal Court hearings. She had borne him during her 1947-1958 marriage to Mr Tsang Senior.

Her adversary, Mdm S Y Ho, asserted her claim as Dr Tsang’s legal mother. A former schoolmate of Mr Tsang Senior, she became his “official” concubine in 1952, a union solemnised under Chinese customary law by kowtowing and tea ceremonies—to which, Mdm Ho told the High Court, Mdm Leung

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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