Case Updates

Administrative law — Torture Claims Appeals Board — judicial review — abuse of process — appeal against striking-out of second application for leave to apply for judicial review in respect of same...
August 2020
Facts and Procedural History On 15th November 2012, the Appellant arrived in Hong Kong from Kuala Lumpur and her suitcase was inspected at the Hong Kong International Airport. After unzipping...
August 2020
Mental health — compulsory detention at hospital — action for alleged personal injury arising out of compulsory detention — application for leave to commence proceedings under s. 69(2) — reasonably...
July 2020
In Competition Commission v W Hing Construction Co Ltd and Others [2020] HKCT 1 (29 April 2020) (“the judgment”), the Competition Tribunal (Godfrey Lam J, President) granted a declaration...
July 2020
Administrative law — Director of Administration — scheme requiring applications for use of East Wing Forecourt of Central Government Offices (CGO) for public meetings and processions — forecourt not...
July 2020
In LAI Chi Wai -v- TONG Hung Kwok and another (HCPI 1235/2014, [2020] HKCFI 628, judgement 23rd April 2020) Bharwaney J allowed a claim for a novel piece of equipment in Hong Kong, namely an...
June 2020
Interpretation at Trial (2)​ In August 2019 we reported on the case of HKSAR v Moala Alipate 2019 [HKCA] 537 (http://www.hk-lawyer.org/content/interpretation-trial) where the Court of...
June 2020
Family law — divorce — ancillary relief — litigation funding — appeal against order requiring payment of funding per month without temporal limit and backdating of monthly payments — evidential...
June 2020
Criminal law and procedure — trial — summing-up — summing-up on issue as to drawing of inferences would be unbalanced if it did not deal with defence case, as well as prosecution case, on issue...
May 2020
Civil procedure — costs — sanctioned offer or payment — plaintiff accepted defendant’s sanctioned payment — exceptional circumstances justifying departure from general rule under O. 22 r. 20(1) that...
May 2020
Arbitration — court-ordered interim measures — anti-suit injunction as interim measure under s. 45 — Arbitration Ordinance (Cap. 609) There were pending arbitration proceedings in Hong Kong...
May 2020
The Applicant in bail proceedings in the High Court (having been refused bail in the Magistracy) offered as a condition of bail to install up to three CCTV cameras at his home so as to monitor his...
April 2020
In the recent cases of 匯力(天津)股權投資基金管理有限公司 (“Huili”) & 北京海欣方舟房地產開發有限公司 (“Haixin”) v Sunfund Investment & Management Co Ltd (“SIM”) & Sunfund (Hong Kong) Company Limited...
April 2020
In this case, the District Court considered issues surrounding a substantial claim for untaken annual leave and an employer’s duty to monitor and keep track of their employees’ annual leave...
April 2020
The Copyright Tribunal (“Tribunal”) was established in 1997 and has recently issued its first ever Decision. The originator (“Neway”) was responsible for obtaining copyright licences for the...
March 2020
The Applicant was charged with causing death by dangerous driving. He pleaded not guilty to the offence in the District Court but admitted the lesser offence of careless driving. He was convicted of...
March 2020
The Court of First Instance overturned the decision made by the Labour Tribunal relating to how to interpret the terms of an employment contract and liability to make a payment in lieu of notice when...
February 2020
Conspiracy and knowledge of specific drug Hong Kong Customs and Excise officers carried out a controlled delivery operation of parcels arriving from overseas and arrested a man. The appellant was...
February 2020
Civil procedure — costs — sanctioned offer or payment — approach to awarding of enhanced interest and indemnity costs when plaintiff did better than sanctioned offer By an order nisi it...
January 2020
Company law — scheme of arrangement — sanction by court — modifications to scheme and scheme document after distribution of scheme document, before and at scheme meeting — whether modifications...
January 2020