Case Updates

Employees’ compensation – insurer’s and employer’s liability under Pt. IV of Employees’ Compensation Ordinance (Cap. 282) – approach in Law Lai Ha v Zurich Insurance Co [2011] 2 HKLRD 450 correct —...
May 2017
Judicial review – costs – successful application for judicial review against President of Legislative Council by Chief Executive and Secretary for Justice – whether President not to bear costs on...
May 2017
Tenancy agreement – parties signed agreement and then another agreement at higher rent – whether first or second agreement prevailed – effect of non-stamping of first agreement – both agreements...
May 2017
De facto director – breach of fiduciary duty – defendant involved in plaintiff-company’s affairs and had control over its bank account – unauthorised incorporation of company in Hong Kong using...
May 2017
Will – validity – whether will to take effect on satisfaction of condition – no express condition in will – whether valid as conditional will – whether requisite testamentary intent for will to have...
May 2017
Trial – summing-up – whether trial judge inaccurately portrayed defence case and used denigratory and dismissive language – whether summing-up unbalanced and unfair D was convicted of trafficking...
May 2017
Manslaughter – aggravating factors – use of stupefying substance – planning and premeditation – sustained and violent manner of overcoming victim’s resistance – care to be taken not to give duress...
April 2017
Parties – joinder – judicial review of decision of Securities and Futures Commission to transmit compelled answers, testimony and documents to foreign regulators – whether leave to be granted for...
April 2017
Ambit of defence counsel’s power to conduct trial in best interests of client – decisions to not apply for severance and to rely on exhibit – client’s informed consent – irrespective of such consent...
April 2017
Director of Immigration – Hong Kong Special Administrative Region Passports Appeal Board – decisions refusing application for Hong Kong Special Administrative Region passport on basis applicant not...
April 2017
Prosecution’s duty of disclosure – non-disclosure of police notebooks – potentially relevant and disclosable – non-disclosure rendered conviction unsafe D was convicted of assaulting a police...
April 2017
Costs – action commenced without authority but subsequently ratified – relation back of ratification as equivalent to antecedent authority – pre-ratification costs and post-ratification costs –...
April 2017
Admissions – equivocal or ambiguous statements The Appellant was directed to go through a customs inspection when she arrived at Hong Kong International Airport from Kuala Lumpur in 2012. ...
March 2017
Illegality – illegal agreement to develop houses under Small House Policy – whether doctrine of locus poenitentiae applied – claim for return of land would fail where legal title to property no...
March 2017
Defamation – damages – general damages – libel action by plaintiff who was not named in article in question – trial judge plainly wrong in assessing number of people who would have read defamatory...
March 2017
Evidence of uncharged acts – could not be used to establish elements of offence or offences charged D was convicted of two counts of unlawful trafficking in dangerous drugs, namely 1.66 kg of...
March 2017
Arbitral award – setting aside – application to set aside under Sch. 2 s. 4 on ground of serious irregularity – where no express in agreement that Sch. 2 would apply, court had no jurisdiction –...
March 2017
Witness – law enforcement officer witness – rule that judge must not suggest to jury that law enforcement officers more unlikely than other witnesses to fabricate evidence D was convicted of...
March 2017
Affidavits – direction made in proceedings for committal for criminal contempt that affidavits or affirmations of Secretary for Justice’s witnesses stand as evidence-in-chief The Secretary for...
March 2017
Injunctions – interlocutory injunction – infringement of biotechnology-related patent – whether plaintiff would suffer serious and irreparable damage if injunction not granted – inordinate delay...
February 2017