Hong Kong Case Law

香港特別行政區 訴 洪良

Court

Court of Appeal

Case number

CACC445/2025

The trial judge correctly assessed credibility and mitigation, concluded remorse was not sufficiently demonstrated beyond what is reflected in guilty-plea credit, and reasonably selected a 4-year baseline for HK$3,000,000 with cross-border aggravation; applying one-third credit and a 20% prosecution uplift to 38 months was within proper sentencing discretion, so leave to appeal against sentence was refused.

Source excerpt

• Money laundering
• Sentencing guidelines
• Guilty plea credit
• Remorse
• Aggravating factors
• Cross-border offending

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HKSAR v. FUNG KA WAI ROGER

Court

Court of Appeal

Case number

CACC81/2024

The Court of Appeal considered consecutive disqualification periods and sentencing in two road traffic appeals, dismissing Chow’s appeal and allowing Fung’s appeal in part.

• Disqualification orders
• Consecutive disqualification periods
• Interpretation of s44(3) rto
• Driving whilst disqualified
• Dangerous driving causing grievous bodily harm
• Plea discounting

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速曉明 對 畢馬威會計師事務所 (KPMG)

Court

Court of First Instance

Case number

HCA553/2025

The court found the proposed appeal (CACV 334/2026) had no arguable points; the applicant's purported new evidence did not support the claim and no basis was shown that the appellate court would permit it. Consequently the stay application was refused and the applicant was ordered to pay the respondent's costs of the stay application on an indemnity (recompense) basis because the underlying claims had been found frivolous, abusive and an abuse of process.

Source excerpt

• Stay of execution
• Interlocutory relief
• Indemnity costs
• Frivolous and abusive claims
• Admission of new evidence on appeal

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KWOK MAY FA v. MORE INSURANCE BROKER CO LTD AND OTHERS

Court

District Court

Case number

DCCJ5985/2024

The District Court dismissed two plaintiffs’ applications for leave to appeal, holding there was no arguable case of reasonable prospects of success, while continuing a Mareva injunction interimlys.

• Leave to appeal
• Mareva injunction
• Proprietary injunction
• Risk of dissipation
• Costs
• Leave-to-appeal

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KWOK LAI SHEUNG v. MORE INSURANCE BROKER CO LTD AND OTHERS

Court

District Court

Case number

DCCJ5984/2024

The District Court dismissed two plaintiffs’ applications for leave to appeal, holding there was no reasonable prospect of success and that the Mareva injunction issues were wrongly framed.

• Mareva injunction
• Proprietary injunction
• Leave to appeal
• Risk of dissipation
• Standard of review on discretionary decisions
• Leave-to-appeal

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香港特別行政區 訴 龔桂連

Court

Court of Appeal

Case number

CACC179/2024

Applicant failed to provide a satisfactory explanation for the 10‑day delay and failed to establish any arguable grounds of appeal or that counsel was incompetent or that the plea was involuntary; the trial judge's factual findings were supported by credible witness and documentary evidence; the sentences imposed were within the correct range and not manifestly excessive — permission to appeal out of time refused and the appeal dismissed.

Source excerpt

• Fraud
• Theft
• Late filing of appeal
• Ineffective assistance of counsel
• Voluntary plea
• Witness credibility

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KHAN IMRAN v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Court

Court of Appeal

Case number

CACV870/2025

The Court of Appeal dismissed a non-refoulement appeal, holding that the applicant had not shown any viable error of law, procedural unfairness or irrationality.

• Leave to apply for judicial review
• Procedural fairness
• Error of law
• Assessment of evidence
• State protection
• Internal relocation

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LI XIAO YI v. TANG CHUNG WAH (also known as ALAN CHUNG WAH TANG)

Court

Court of First Instance

Case number

HCMP406/2025

The Court of First Instance dismissed the defendant’s late application to adjourn a committal trial, finding no exceptional circumstances and ordering costs nisi.

• Adjournment
• Delay
• Leave to appeal
• Recusal
• Costs
• Committal

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韓仁生 對 黃寶紅

Court

District Court

Case number

DCCJ2822/2023

Leave to appeal refused because the appellant failed to identify any error in the impugned decision, merely repeated previously rejected arguments, and the proposed new evidence failed the Ladd v Marshall test (no demonstration of reasonable efforts to obtain it earlier and no realistic prospect of affecting the outcome); the impugned decision that the claim disclosed no reasonable cause and was malicious/abusive stands, so there is no reasonable prospect of success nor any other reason in the interests of justice to grant leave. The appellant is ordered to pay the respondent's costs of the a…

Source excerpt

• Leave to appeal under s63a(2)
• Ladd v marshall new evidence test
• Reasonable prospect of success
• Malicious pleading
• Costs assessment

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MAIHI LTD v. WO PING INDUSTRIAL PARK LTD AND ANOTHER

Court

Court of First Instance

Case number

HCSA15/2026

The Court of First Instance refused leave to appeal from the Small Claims Tribunal, holding that the proposed grounds did not identify any proper question of law.

• Leave to appeal under small claims tribunal ordinance s.28
• Non-delegable duty
• Causation
• Quantum of loss
• Procedural requirements for grounds of appeal
• Small-claims-tribunal-appeal

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