CHOW KWOK WING, suing by his lawful attorney CHOW CHAK TONG及另二人 對 YEUNG OI LING

CHOW KWOK WING, suing by his lawful attorney CHOW CHAK TONG及另二人 對 YEUNG OI LING

Defendant failed to comply with a clear mandatory injunction and subsequent court order to appoint an independent certified expert and to produce a satisfactory certificate; the court had explained the order and consequences to the defendant and she neither filed evidence nor attended; on the criminal standard beyond reasonable doubt the defendant was found to have the requisite culpable state of mind and was therefore guilty of contempt; committal to prison until further order and costs on an indemnity basis were appropriate.

Citation
[2025] HKDC 2031
Parties
第一原告人: CHOW KWOK WING (suing by his lawful attorney CHOW CHAK TONG); 第二原告人: CHOW YING LIN (suing by her lawful attorney CHOW CHAK TONG); 第三原告人: CHOW CHAK TONG; 被告人: YEUNG OI LING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 December 2025
Case Number
DCMP3318/2025
Procedural Posture
Committal for Contempt Application (civil) / Judgment and Order After Hearing
Outcome
Defendant found guilty of contempt of court and committed to prison until further order.
Legal Topics
Committal Order, Mandatory Injunction, Non Compliance, Costs Assessment
Source Language
CH
Civil Contempt Civil Procedure Injunctive Relief Committal Order Mandatory Injunction Non Compliance Costs Assessment

Case Brief

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Parties

CHOW KWOK WING (suing by his lawful attorney CHOW CHAK TONG)

第一原告人

CHOW YING LIN (suing by her lawful attorney CHOW CHAK TONG)

第二原告人

CHOW CHAK TONG

第三原告人

YEUNG OI LING

被告人

Procedural Posture

Committal for Contempt Application (civil) / Judgment and Order After Hearing

Legal Issues

  1. 1 Whether the defendant breached the mandatory injunction and subsequent court order
  2. 2 Whether the breach constitutes contempt of court under the established three-stage test
  3. 3 Whether the required mental element for contempt (punishable mindset) is proved beyond reasonable doubt

Ratio Decidendi

Defendant failed to comply with a clear mandatory injunction and subsequent court order to appoint an independent certified expert and to produce a satisfactory certificate; the court had explained the order and consequences to the defendant and she neither filed evidence nor attended; on the criminal standard beyond reasonable doubt the defendant was found to have the requisite culpable state of mind and was therefore guilty of contempt; committal to prison until further order and costs on an indemnity basis were appropriate.

Court Disposition

Defendant found guilty of contempt of court and committed to prison until further order.

Orders

  • Defendant YEUNG OI LING is committed to prison to be detained until further order of the court.
  • Issue a committal warrant directing the Principal Executive Officer and assistants, Director of Correctional Services, Commissioner of Police and other Hong Kong government officers to deliver the defendant to prison, to keep her safely in custody and to bring her before the court for plea and mitigation.