KMH, KMKT, AND KMCJ, THE COMMITTEE OF THE ESTATE OF KCC, a mentally incapacitated person (PURSUANT TO THE ORDER MADE BY DEPUTY HIGH COURT JUDGE H. AU-YEUNG ON 19 JUNE 2023 UNDER PART II OF THE MENTAL HEALTH ORDINANCE, CAP 136) v. LAM HO CHI

KMH, KMKT, AND KMCJ, THE COMMITTEE OF THE ESTATE OF KCC, a mentally incapacitated person (PURSUANT TO THE ORDER MADE BY DEPUTY HIGH COURT JUDGE H. AU-YEUNG ON 19 JUNE 2023 UNDER PART II OF THE MENTAL HEALTH ORDINANCE, CAP 136) v. LAM HO CHI

Substituted service was valid in the circumstances; the Disclosure Order was clear and unambiguous; the defendant was made aware of the Order yet failed to comply with the written disclosure and affidavit requirements; the failure was deliberate and not accidental and the plaintiff proved contempt beyond reasonable doubt; accordingly the defendant is guilty of civil contempt and a warrant for arrest is to issue for him to be brought before the court for sentence; costs are awarded on an indemnity basis.

Citation
[2023] HKCFI 2714
Parties
Plaintiff / Applicant: The Committee of the Estate of KCC (KMH, KMKT, KMCJ); Defendant / Respondent: Lam Ho Chi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2023
Case Number
HCMP1338/2023
Procedural Posture
Committal for Contempt (originating Summons Pursuant to Order 52 Rr 1 and 3, RHC Cap 4 A) / Hearing and Judgment on Committal; Warrant of Arrest Ordered to Be Issued for Sentence
Outcome
Defendant found guilty of contempt of court for breach of the Disclosure Order; warrant of arrest to issue to bring defendant before the Court for sentence; costs ordered on indemnity basis by way of order nisi.
Legal Topics
Committal for Contempt, Service of Process and Substituted Service, Disclosure Orders, Breach of Injunction, Costs and Indemnity Costs
Source Language
EN
Civil Contempt Trusts Injunctions Civil Procedure Mental Health (committee Proceedings) Committal for Contempt Service of Process and Substituted Service Disclosure Orders +2 more

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Parties

The Committee of the Estate of KCC (KMH, KMKT, KMCJ)

Plaintiff / Applicant

Lam Ho Chi

Defendant / Respondent

Procedural Posture

Committal for Contempt (originating Summons Pursuant to Order 52 Rr 1 and 3, RHC Cap 4 A) / Hearing and Judgment on Committal; Warrant of Arrest Ordered to Be Issued for Sentence

Legal Issues

  1. 1 Whether the Disclosure Order and Committal Documents were validly served on the defendant
  2. 2 Whether the defendant breached the Disclosure Order requiring written disclosure and affidavit/affirmation
  3. 3 Whether the breach constituted civil contempt requiring committal

Ratio Decidendi

Substituted service was valid in the circumstances; the Disclosure Order was clear and unambiguous; the defendant was made aware of the Order yet failed to comply with the written disclosure and affidavit requirements; the failure was deliberate and not accidental and the plaintiff proved contempt beyond reasonable doubt; accordingly the defendant is guilty of civil contempt and a warrant for arrest is to issue for him to be brought before the court for sentence; costs are awarded on an indemnity basis.

Court Disposition

Defendant found guilty of contempt of court for breach of the Disclosure Order; warrant of arrest to issue to bring defendant before the Court for sentence; costs ordered on indemnity basis by way of order nisi.

Orders

  • Warrant of arrest to be issued to have defendant arrested and brought before the Court as soon as possible for him to make submissions as to sentence
  • Order nisi for costs; Committee awarded costs in the sum of HK$475,600 on an indemnity basis