DR. LEUNG KAM CHUNG KENNETH v. MS. CHEN HIU YIN

DR. LEUNG KAM CHUNG KENNETH v. MS. CHEN HIU YIN

The Charging Order Absolute was correctly made: the Applicant failed to discharge the burden to show cause against making the order; an affirmation by Government Counsel using standard wording that she was authorised suffices in the absence of evidence to the contrary; absence of a written letter of authorisation did not invalidate the process; appeal dismissed and charging order confirmed.

Citation
[2026] HKCFI 459
Parties
Debtor: Dr. Leung Kam Chung Kenneth; Creditor: Ms. Chen Hiu Yin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2026
Case Number
HCAL1220/2023
Procedural Posture
Appeal Against Charging Order Absolute (costs Enforcement) / De Novo Appeal to Judge From Master Under RHC Order 58
Outcome
Appeal dismissed; Charging Order Absolute confirmed
Legal Topics
Charging Order, Costs Enforcement, Authorisation of Legal Representative, Service, Summary Assessment of Costs
Source Language
EN
Constitutional and Administrative Law Civil Procedure Enforcement Charging Order Costs Enforcement Authorisation of Legal Representative Service Summary Assessment of Costs

Case Brief

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Parties

Dr. Leung Kam Chung Kenneth

Debtor

Ms. Chen Hiu Yin

Creditor

Procedural Posture

Appeal Against Charging Order Absolute (costs Enforcement) / De Novo Appeal to Judge From Master Under RHC Order 58

Legal Issues

  1. 1 Whether a charging order absolute was properly made against the debtor
  2. 2 Whether an affirmation by Government Counsel without a written letter of authorisation invalidates the application
  3. 3 Who bears the burden to show cause against making a charging order absolute

Ratio Decidendi

The Charging Order Absolute was correctly made: the Applicant failed to discharge the burden to show cause against making the order; an affirmation by Government Counsel using standard wording that she was authorised suffices in the absence of evidence to the contrary; absence of a written letter of authorisation did not invalidate the process; appeal dismissed and charging order confirmed.

Court Disposition

Appeal dismissed; Charging Order Absolute confirmed

Orders

  • Appeal dismissed
  • Charging Order Absolute to stand