Taxation — stamp duty — appeal against assessment by way of case stated — seven-day time limit — court had no jurisdiction to extend time limit — Stamp Duty Ordinance (Cap. 117) s. 14(2)
Human...
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Thomson Reuters – Sweet & Maxwell
Thomson Reuters – Sweet & Maxwell are the publishers of the Authorised Hong Kong Law Reports & Digest ("HKLRD") and the Authorised Hong Kong Court of Final Appeal Reports ("HKCFAR"), and providers of Westlaw HK (www.sweetandmaxwell.com.hk / www.westlaw.com.hk).
Criminal law and procedure — possession of offensive weapon in public place — chilli spray — not offensive weapon per se — whether offensive weapon on basis intended for purpose of causing injury to...
11 April 2018
Criminal law and procedure — costs — taxation — guidance for drafting of bills for criminal matters — basis of taxation — appropriate hourly rates — approach where government counsel did work of both...
11 April 2018
Criminal sentencing — road traffic offences — speeding — defendant pleaded guilty to charge which did not specify exact speed of vehicle alleged — whether magistrate had power to conduct Newton...
11 April 2018
Civil procedure — discovery — inappropriate in matrimonial proceedings to seek discovery against banker of spouse rather than spouse
In these matrimonial proceedings, the petitioner-wife applied...
11 April 2018
Civil procedure — default judgment — action for declaration of trust — whether appropriate case for grant of judgment — whether entire value of fund allegedly subject to trust within jurisdiction of...
11 April 2018
Civil procedure — costs — sanctioned offer or payment — acceptance out of time — whether usual costs order should apply — correct approach — question was whether unjust to make usual order, not...
11 April 2018
Civil procedure — legal aid — legally aided person — permissible for assigned solicitor to act on private basis for aided person for part of proceedings not covered by legal aid certificate —...
7 March 2018
Land law — compulsory sale for redevelopment — valuation of lot — “marriage” value — whether open market value of subject lot should include redevelopment potential of adjoining lots on a merged site...
7 March 2018
Family law — children — access — interim interim order granting access — appeal against exercise of discretion not appropriate, unless extremely plain decision was wrong
The Judge granted F an...
7 March 2018
Criminal sentencing — conspiracy to make explosive substances — possessing explosive substances — conspiracy to make smoke bombs for use at impending public demonstrations — possessing explosive...
7 March 2018
Criminal law and procedure — arraignment — defendant’s personal attendance at his arraignment necessary even if he resided abroad and arraignment only for purpose of his formal acquittal
Words and...
7 March 2018
Contempt of court — committal for contempt — undertaking given by defendants against diminishing value of their shares in holding company — no breach of undertaking as defendants were ignorant of...
6 March 2018
Company law — liquidators — ex parte application in writing for appointment — failure to disclose finding of contempt against one of three proposed liquidators — whether new insolvency practitioners...
6 March 2018
Civil procedure — pleadings — further and better particulars — denial of negative allegation — whether amounted to mere traverse (in respect of which no particulars would be ordered) or pregnant...
6 March 2018
Town planning — Town Planning Board — decision rejecting application under s. 12A to rezone site from “open space” to “residential” — whether procedural irregularity by taking into account irrelevant...
6 March 2018
Land law — resumption — compensation — Government lease — restriction of user to “dwelling house” prohibited shop use — acquiescence/abandonment of user covenant by Government — s. 12(b) did not bar...
13 February 2018
Intellectual property — trade marks — infringement — passing off — use of infringing marks by separate former offshoot of charity — similarity likely to confuse public, particularly donors and...
13 February 2018
Civil procedure — discovery — legal professional privilege — joint privilege — documents sought subject to privilege jointly owned by any of plaintiffs and other lay clients of solicitors’ firm — no...
13 February 2018
Civil procedure — costs — appeal — substitution of appellant where wrongly named by solicitor — limits of solicitor’s warranty of authority — liability for costs — whether indemnity costs appropriate...
13 February 2018
