SIAO MIU HUA (蕭妙華) SUED BY MA SIU YEE JOANNA (馬紹儀) HER NEXT FRIEND V. WU CHING KUEN (胡靜娟) THE ADMINISTRATRIX OF THE ESTATE OF MA CHIU HOI SANFORD (馬照海), DECEASED

[2024] HKCFI 232 Court of First Instance 19 January 2024 • HCA1396/2016 • 72 min read

14 cases cited (0 HK, 14 foreign) Cited by 15 cases

Outcome

Appeal allowed

the appeal was allowed.

Source: [2024] HKCFI 232, Court of First Instance, decided 19 January 2024. Read directly from the judgment.

Practice Areas

Trusts Wills, Probate & Estates

Judges (1)

K Yeung Coram

Counsel (5)

Bernard Wong & Co Firm Cedric & Co Firm Johnny Ma, SC Counsel Plaintiff Joshua Yeung Counsel Plaintiff Roger Phang Counsel Defendant

Parties (2)

Siao Miu Huasued by Ma Siu Yee Joannaher Next Friend Plaintiff Wu Ching Kuen Defendant

Case Significance

Siao Miu Hua (蕭妙華), sued by Ma Siu Yee Joanna (馬紹儀) as her next friend, brought proceedings against Wu Ching Kuen (胡靜娟), the administratrix of the estate of Ma Chiu Hoi Sanford (馬照海), deceased, before the Court of First Instance. The case, Siao Miu Hua sued by Ma Siu Yee Joanna her next friend v. Wu Ching Kuen the administratrix of the estate of Ma Chiu Hoi Sanford, deceased [2024] HKCFI 232, falls within the trusts and wills, probate & estates areas, and the court held that the appeal was allowed. The matter continued before the Court of Appeal as Siao Miu Hua sued by Ma Siu Yee Joanna her next friend v. Wu Ching Kuen the administratrix of the estate of Ma Chiu Hoi Sanford, deceased [2025] HKCA 1130.

The decision has been referenced in later trusts and estates matters, including Ng Kin Nam v. Mak Shiu Tong [2024] HKCFI 3241, Chan Pui Sze and Mak Hau Yin (the joint and several trustees of the property of the bankrupt) v. Wang Jue [2024] HKCFI 2491, and Unionward Investment Ltd v. Yeung Foon Tai [2024] HKCFI 3684.

What did the Court of First Instance decide in Siao Miu Hua v. Wu Ching Kuen [2024] HKCFI 232?

In Siao Miu Hua (蕭妙華) sued by Ma Siu Yee Joanna her next friend v. Wu Ching Kuen the administratrix of the estate of Ma Chiu Hoi Sanford, deceased [2024] HKCFI 232, the Court of First Instance held that the appeal was allowed.

What areas of law does [2024] HKCFI 232 fall under?

Siao Miu Hua v. Wu Ching Kuen [2024] HKCFI 232 is classified under trusts and wills, probate & estates, concerning the administration of the estate of Ma Chiu Hoi Sanford (馬照海), deceased, represented by administratrix Wu Ching Kuen (胡靜娟).

Was [2024] HKCFI 232 considered on appeal?

Yes. The Court of First Instance decision in Siao Miu Hua v. Wu Ching Kuen [2024] HKCFI 232 proceeded to the Court of Appeal, reported as Siao Miu Hua sued by Ma Siu Yee Joanna her next friend v. Wu Ching Kuen [2025] HKCA 1130.

Statutes Cited

Evidence Ordinance (Cap 8)

s 47(1)(b) s 47(2)(b) s 50(1)

Cases Cited (14)

UK (3)

[1991] 1 AC 107 [2007] 2 AC 432 [2017] UKPC 44

HK (11)

(2009) 12 HKCFAR 1 (2015) 18 HKCFAR 605 [2013] 2 HKLRD 749 [2013] 5 HKLRD 9 [2015] 2 HKLRD 985 [2017] 4 HKLRD 327 [2019] HKCFI 2819 [2020] HKCFI 1501 [2021] HKCFI 2018 [2021] HKCFI 697 [2022] HKCFI 2234

Cited By (15)

[2026] HKCFI 1693

CHINA ENERGY DEVELOPMENT HOLDINGS LTD V. YEUNG KA SING, CARSON

[2025] HKCA 1130

SIAO MIU HUA SUED BY MA SIU YEE JOANNA HER NEXT FRIEND V. WU CHING KUEN THE ADMINISTRATRIX OF THE ESTATE OF MA CHIU HOI SANFORD, DECEASED

[2025] HKDC 1241

LEE KA MAN V. NG TSZ MAN AND OTHERS

[2025] HKCFI 1035

FUNG WAI MAN, THE PERSON APPOINTED TO REPRESENT THE ESTATE OF FUNG KWOK YAN (ALSO KNOWN AS FUNG YAN), DECEASED (BY AN ORDER DATED 23RD SEPTEMBER 2019) V. FUNG YUEN LUN

[2025] HKCFI 663

GOLDEN MILES GROUP HOLDINGS LTD V. JACOB & CO LTD

[2025] HKCFI 770

XINHUA NEWS MEDIA LTD AND ANOTHER V. CHAN CHUN WO AND OTHERS

[2024] HKCFI 3684

UNIONWARD INVESTMENT LTD V. YEUNG FOON TAI

[2024] HKCFI 3241

NG KIN NAM V. MAK SHIU TONG

[2024] HKCFI 2491

CHAN PUI SZE AND MAK HAU YIN (THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF THE BANKRUPT) V. WANG JUE

[2024] HKDC 1466

CENTALINE PROPERTY AGENCY LTD V. LIU WING YAN

[2024] HKDC 1346

金藝企業有限公司 V. 余曉燕

[2024] HKDC 1279

LAM CHOI YUK V. LAM HING WAN

[2024] HKDC 1193

FINE WINE CELLAR LTD V. KOO YING YING AND ANOTHER

[2024] HKDC 1032

CHOI YAT FAN YILDIZ, ADMINISTRATRIX OF THE ESTATE OF NG KET CHIEW, DECEASED V. THE OCCUPIER(S) AND ANOTHER

[2024] HKDC 422

CHAN WOON WAH T/A NGAI HING DECORATION COMPANY V. WONG CHI PING

Citation influence

HKLII records this judgment as cited by 15 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2024] HKCFI 2491 Court of First Instance

20 September 2024

[2024] HKDC 1346 District Court

26 August 2024

[2024] HKDC 422 District Court

19 March 2024

[2025] HKCFI 663 Court of First Instance

6 March 2025

[2024] HKCFI 3684 Court of First Instance

31 December 2024

[2024] HKCFI 3241 Court of First Instance

15 November 2024