The family of murdered HSBC branch manager Wong Jing Kui will file a civil suit to remove his ex-wife, convicted of his murder, as the beneficiary and administrator of his estate.
His sister Wong Hie Huong said that her sister-in-law Ling Hang Tsyr, who was found guilty of her brother’s death, not only received custody of Ji Kui’s only son, but also inherited the majority of her brother’s assets.
“Ling repeatedly said that she did not get anything from my brother’s death, but in reality, she is the administrator and also a beneficiary of his estate,” she alleged in a statement.
“After my brother’s death, the agreement on the distribution of assets was signed on July 2, 2019. It was filed on July 5, 2012. The Letter of Administration issued by the Sibu District Office confirmed that Ling is the administrator and also a beneficiary of my brother’s assets.
“The distribution is in accordance with Distribution Act. Ling gets 25 per cent of the wealth, deceased parents get 25 per cent, while the balance 50 per cent belongs to the son. However, she controls a total of 75 per cent now, since she got custody of my brother’s nine-year-old son,” she added.
Hie Huong said that no one should profit from crime and that there should be laws to protect the victims of crime.
“There are real sufferings and challenges faced by the victim’s family following the incident. Justice must be given to the victim and the family first,” she added.
It was reported that, Ling, 36, and her boyfriend Tiong King Guan, 35, were accused of abetting the principal accused, Ling Hoe Ing, 28, in killing Ji Kui at his Jalan Ulu Sg Merah home at about 1.30am on June 14, 2012.
Wong was stabbed multiple times.
Both Ling and Tiong faced an amended charge under Section 109 of the Penal Code for abetment, read with Section 302 for murder, which carries a mandatory death sentence on conviction.
The court sentenced Ling, a bank credit recovery clerk, to be hanged, while Hoe Ing was jailed for 16 years after he pleaded guilty on October 1, 2013, to an alternative charge of culpable homicide.
Tiong is still at large and not been seen since February 2015.
Hie Huong said the family is now filing the application to take custody of Ji Kui’s son and to remove Ling – both as an administrator and beneficiary – of her brother’s assets.
“This is done separately in the Civil Court. We are advised by our lawyers that we are allowed to do so in view of the High Court’s decision,” she said.
Lawyers Christina Teng and Adnan Seman together with ex-banker Wong Ji Kui’s mother, Law Boh Ing. Beside Law is her daughter, Wong Hie Huong.
“We are sad to see that we as the victim’s family must come this far to get justice and get access to our grandson.
“Taking civil action is very expensive. We are trying hard to fulfil Ji Kui’s wish, which is to look after his son and protect his estate,” she said.
The lawyer advising the family on the civil case, Adnan Seman, said he will file a suit for the wife to be removed as the administrator of the estate under Section 34 of Probate and Administrator Act 1959.
But, he said, he may face a challenge in removing her as the beneficiary of the estate as there is no precedent in the law of a spouse, who is a beneficiary, being charged with murder.
Due to that, he said he may have to refer to Commonwealth laws under the forfeiture rules which prevent a criminal from benefitting in any way from their crime.
He said under the law, for example, if someone unlawfully kills another person, they would not be entitled to any benefits from the death.
He may also refer the case under “unjust enrichment”, which is recognised in Malaysia. This occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust.
Adnan said he will also advise his client on seeking custody of the child.
During the press conference, the mother, Law, who was in tears, said in 2012, right after her son was murdered, she had started civil proceedings to get custody of her grandson.
“But she (Wong’s wife) took my grandson from our house without telling us and had cut all access.
“The lawyer we hired cheated us and agreed to a consent order, against our instructions,” she said, adding that the lawyer was then disbarred for a year after she filed in a complaint with the Sarawak Advocate Association.
She said she is worried about the grandson as the maternal side of the family is asking a hefty amount to look after him.
Another lawyer, Christina Teng, also present at the press conference, said the ex-wife’s family is seeking money from Wong’s family.
“On Feb 8, 2019, they demanded RM80,000 to look after the boy and another RM1,000 monthly for the boy’s expenses,” she said.