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The house in question in the London case is pictured above. Photo: SMP Pictures

UK case harks back to Hong Kong attack

Ex-wife of former Cathay Pacific pilot wins right to her London flat 23 years after he was accused of assaulting her in their Hong Lok Yuen house

A former Hong Kong woman who emerged victorious from a bitter courtroom battle in London this week was at the centre of a high-profile legal controversy more than two decades ago which helped re-shape attitudes towards domestic violence in the city.

Hostilities between wealthy divorcee Ann Hersmen-Wilkinson and a her ex-husband, a former Cathay Pacific pilot, were renewed in Central London County Court last week – more than 25 years after he was arrested and charged over a knife attack on her at their New Territories home.

Ann Hersmen-Wilkinson leaves a Hong Kong court in 1994 after charges against her husband (below) were dismissed. Photo: SMP Pictures
On Monday, 72-year-old Hersmsen-Wikinson walked out of court armed with the legal right to evict her 45-year-old daughter, Caroline Hersmen, from an HK$11 million flat she owns in the upmarket Kensington district of England’s capital after Judge Simon Monty QC ruled she did not give, or promise to give, the flat to her daughter.

It was the end of a bruising legal tussle which exposed a venomous 30-year feud between mother and daughter that began when the pair - along with Hersmen-Wilkinson’s then husband, Cathay Pacific pilot Ian Wilkinson, moved to Hong Kong in 1985.

Ian Wilkinson. Photo: SMP Pictures
Ian Wilkinson gave evidence against his ex-wife at the London hearing which was told that the mother-daughter feud festered in Hong Kong for years and, according to Caroline, exploded when her mother called the police and had her arrested for stealing the family’s dog ‘’Fluffy’’.

Hersmen-Wilkinson rejected that version of events saying she was simply worried that her ‘’out of control’’ daughter had gone missing, ‘’could be in the company of a herion-dealing triad gangster’’ and simply added that Fluffy the dog was missing too.

However it was an earlier violent argument between Caroline’s mother and father on New Year’s Eve 1992 at their home in Hong Lok Yuen in the New Territories that led to consternation at the very top of the city’s legal system.

Court records form the time report that Ian Wilkinson attacked his wife with a knife and “applied pressure to her throat with his hands’’.

Wilkinson - who had been seeing a psychologist at the time - was initially charged with wounding under The Offences Against the Person Act, which carried a maximum jail term of three years. But to the amazement of many - including the presiding magistrate Ernest Lim - when the case finally came to trial, prosecutors offered no evidence, leaving Lim no option but to dismiss the charges against Wilkinson and order him to be bound over for a year with a bond of HK$20,000.

Caroline Hermsen leaves court. Photo: SMP Pictures
Not only did this provoke a a dramatic courtroom outburst from Ann Wilkinson, who leapt up from her seat in the public gallery and shouted: ‘’ If this is Hong Kong justice, it is an absolute disgrace’’, there was fury from women’s groups who feared the decision would deter other victims of domestic violence from coming forward.

It also prompted lawmakers in the Legislative Council to demand answers from Hong Kong’s top legal official at the time, Attorney General, Jeremy Matthews, over why the original charges against Wilkinson were dropped.

A lengthy explanatory document in response to lawmaker concerns went only as far as saying that the decision took into account ‘’the interests of the defendant, the victim and the public’’ fuelling the anger of women’s rights advocates.

Hersmen-Wilkinson has been living in Spain for many years but wants to return to live in England, prompting the legal action over her Kensington property.

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