SHEN XING v.LI JUN

SHEN XING v.LI JUN

The judge was satisfied beyond reasonable doubt that the defendant knew and understood his undertaking, deliberately breached it by telephone calls and SMS messages, and therefore committed contempt; accordingly the defendant was committed for contempt and sentenced with terms set out in the order.

Source-derived case information.

Citation
SHEN XING v.LI JUN
Parties
Applicant: Plaintiff; Respondent: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2014
Case Number
HCMP362/2014
Procedural Posture
Civil Contempt/committal / Hearing of Committal Application (defendant Absent)
Outcome
Defendant committed for contempt of court; sentencing imposed and partly suspended
Legal Topics
Breach of Undertaking, Committal, Injunction, Harassment, Substituted Service
Source Language
en
Civil Contempt of Court Injunction Enforcement Family/personal Harassment Matters Breach of Undertaking Committal Injunction Harassment +1 more

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Parties

Plaintiff

Applicant

Defendant

Respondent

Procedural Posture

Civil Contempt/committal / Hearing of Committal Application (defendant Absent)

Legal Issues

  1. 1 Whether the defendant breached the undertaking given to the court
  2. 2 Whether the breach amounted to contempt of court
  3. 3 Whether the defendant was aware of the undertaking and acted deliberately

Ratio Decidendi

The judge was satisfied beyond reasonable doubt that the defendant knew and understood his undertaking, deliberately breached it by telephone calls and SMS messages, and therefore committed contempt; accordingly the defendant was committed for contempt and sentenced with terms set out in the order.

Court Disposition

Defendant committed for contempt of court; sentencing imposed and partly suspended

Orders

  • Defendant committed for contempt of court
  • Six months imprisonment imposed, execution suspended from 12 March 2014 to 11 March 2016 inclusive unless the defendant commits any breach of the said undertaking within that period