Ng Kwock Gee and Ng Kwock Jom v. John Foster Dulles, Secretary of State of the United States

Each of the appellants brought an action pursuant to the provisions of § 503 of the Nationality Act of 1940 seeking a judgment declaring him to be a national of the United States. They asserted that they were the children of Ng You Ock, a citizen of the United States, and that they were born in China to one Lim Bon whom Ng You Ock married while on a visit to China. The cases were consolidated for trial. The trial court found that neither of the plaintiffs was the son of Ng You Ock and judgment was entered accordingly in favor of the defendant appellee. Witnesses for the plaintiffs were the alleged father, the plaintiffs themselves, Ng Yen Ock, brother of Ng You Ock, Lim Fong and Wong Gee Yuet Ying. Each of the last three witnesses testified that they had visited the alleged wife of Ng You Ock in China where they had seen her children and they told of carrying messages and money to her on behalf of Ng You Ock, the alleged father.

We reject appellants’ assertion that the trial court’s finding against the claims of appellants was erroneous. The testimony of the two plaintiffs and of their alleged father developed discrepancies and inconsistencies which would readily prompt a…