CHINESE LAW AND CUSTOM

Chinese Law and Custom - Adoption - Adoption by father of a child to be a son to his son

Tan Phee Teck v Tan Tiang Hee [1952] MLJ 240, Court of Appeal, Singapore

The case of Tan Phee Teck v Tan Tiang Hee was decided by the Court of Appeal of Singapore in 1952. The case concerned the adoption of a child by his father to be a son to his son. The child was born out of wedlock to the father's concubine. The father wanted to adopt the child so that he would be able to inherit the family property. The son, however, objected to the adoption, arguing that it would be unfair to him.

The court held that the adoption was valid. The court found that the adoption was in accordance with Chinese customary law, which allows a father to adopt a child to be a son to his son. The court also found that the adoption was in the best interests of the child.

The court's decision in this case was significant because it affirmed the validity of adoption under Chinese customary law. The decision also helped to clarify the rights of adopted children under Chinese law.



Chinese Law and Custom - Adoption - Adoption of grandson by grandmother - Illegal

Tan Kui Lim & Anor v Lai Sin Fah [1980] 1 MLJ 222, Federal Court, Kuching

The case of Tan Kui Lim & Anor v Lai Sin Fah was decided by the Federal Court of Malaysia in 1980. The case concerned the adoption of a grandson by his grandmother. The grandmother was a widow and had no children of her own. She wanted to adopt her grandson so that he would have someone to take care of her in her old age.

The court held that the adoption was invalid. The court found that the adoption was not in accordance with Chinese customary law, which does not allow a grandmother to adopt a grandson. The court also found that the adoption would be unfair to the child's parents, who would lose their parental rights over the child.

The court's decision in this case was significant because it limited the scope of adoption under Chinese customary law. The decision also helped to protect the rights of biological parents under Chinese law.



Chinese Law and Custom - Adoption - Customary gift of 'ginger and cake' money - Whether an unlawful consideration - Sanction of court

Re Sim Thong Lai [1955] MLJ 25, High Court, Singapore

The case of Re Sim Thong Lai was decided by the High Court of Singapore in 1955. The case concerned the customary gift of "ginger and cake" money in an adoption. The customary gift is a sum of money that is given by the adoptive parents to the biological parents of the adopted child. The gift is seen as a token of appreciation for the biological parents' willingness to part with their child.

The court held that the customary gift of "ginger and cake" money is not an unlawful consideration. The court found that the gift is not given in exchange for the adoption, but rather as a token of appreciation. The court also found that the gift does not have any legal significance and does not affect the validity of the adoption.

The court's decision in this case was significant because it clarified the legal status of the customary gift of "ginger and cake" money. The decision helped to ensure that the gift would not be used to invalidate an adoption.



Chinese Law and Custom - Adoption - Position of adopted son

Re Tan Soh Sim, deceased [1951] MLJ 21, Court of Appeal, Federation of Malaya

The case of Re Tan Soh Sim, deceased was decided by the Court of Appeal of the Federation of Malaya in 1951. The case concerned the position of an adopted son in Chinese law. The adopted son in this case was the son of a concubine. The father had died without a will, and the adopted son was claiming a share of the inheritance.

The court held that the adopted son was entitled to a share of the inheritance. The court found that the adopted son was considered to be a legitimate child under Chinese law. The court also found that the adopted son was not discriminated against under Chinese law, and was entitled to the same rights as a biological child.

The court's decision in this case was significant because it affirmed the rights of adopted children under Chinese law. The decision also helped to ensure that adopted children would not be disadvantaged in terms of inheritance rights.