CHAN CHEE WAH AND ANOTHER v. CHAN MAN MOON

CHAN CHEE WAH AND ANOTHER v. CHAN MAN MOON

The court was satisfied beyond reasonable doubt that the defendant knowingly and deliberately breached the interlocutory injunction on numerous occasions and, given the repeated and blatant nature of the breaches and the defendant's admission, immediate custodial punishment of three months imprisonment (after reduction for admission) was appropriate.

Citation
CHAN CHEE WAH AND ANOTHER v. CHAN MAN MOON
Parties
1st Plaintiff: CHAN CHEE WAH; 2nd Plaintiff: LEUNG NG NUI; Defendant: CHAN MAN MOON
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 October 2013
Case Number
DCMP2063/2013
Procedural Posture
Miscellaneous Proceedings (committal for Contempt of Court) / Hearing and Sentencing on Application for Committal
Outcome
Contempt proven; defendant sentenced to immediate imprisonment
Legal Topics
Committal for Contempt, Interlocutory Injunction Breach, Proof Standard and Mens Rea for Contempt, Sentencing for Contempt
Source Language
EN
Contempt of Court Injunctions Family Law Criminal Procedure Committal for Contempt Interlocutory Injunction Breach Proof Standard and Mens Rea for Contempt Sentencing for Contempt

Case Brief

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Parties

CHAN CHEE WAH

1st Plaintiff

LEUNG NG NUI

2nd Plaintiff

CHAN MAN MOON

Defendant

Procedural Posture

Miscellaneous Proceedings (committal for Contempt of Court) / Hearing and Sentencing on Application for Committal

Legal Issues

  1. 1 Whether the defendant deliberately breached the interlocutory injunction
  2. 2 Whether the defendant had the requisite knowledge/state of mind for contempt
  3. 3 Appropriate punishment for repeated breaches of a court order

Ratio Decidendi

The court was satisfied beyond reasonable doubt that the defendant knowingly and deliberately breached the interlocutory injunction on numerous occasions and, given the repeated and blatant nature of the breaches and the defendant's admission, immediate custodial punishment of three months imprisonment (after reduction for admission) was appropriate.

Court Disposition

Contempt proven; defendant sentenced to immediate imprisonment

Orders

  • Defendant CHAN MAN MOON committed to 3 months imprisonment for contempt of court for breaching the interlocutory injunction
  • No fine imposed