Hong Kong’s appeal court has directed the parties to arrange a separate hearing on an allegation that the High Court judge who issued the original ruling engaged in extensive judicial copying. The hearing is expected to last one day, with the copying issue to be considered first.
The allegation is one of the grounds raised by two lawyers who were proposed executors under Lim Por Yen’s 2004 will. They say the judge copied extensively, failed to exercise independent judgment and did not adequately explain why their arguments were rejected.
The lawyers submitted two appendices comparing the judgment with the parties’ legal submissions. They allege that the comparisons show both direct copying and copying after changes such as replacing words with synonyms or rearranging their order.
The appeal court said it was expressing no view at this stage on whether the judge had exercised independent judgment.
The appeal is against a ruling that Lim lacked the mental capacity to make his 2004 will. His third wife and daughter had challenged the will, arguing that he had dementia. The court ruled in their favour, with the estate to be divided under an earlier will.
The lawyers also challenge the judge’s assessment of Lim’s mental condition and testamentary capacity, including his acceptance of some medical records. The appeal court rejected their application to submit new evidence.
The parties may also arrange a hearing for the remaining appeal grounds. That hearing could be cancelled if those issues no longer need to be considered.