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Hong Kong decisions
Decisions matching the current search
Court held the defendants were in civil contempt for an under-inclusive document production, but found the contempt was later purged and made no committal order.
The Court of Appeal dismissed an out-of-time bid to appeal refusal of leave to bring committal proceedings, holding the intended appeal had no real prospect of success.
The court held that the company and its sole director were in contempt for failing to comply with a demolition and vacant possession order by the deadline.
Where a judgment creditor possesses sufficient evidence to establish beyond reasonable doubt that a judgment debtor intentionally breached an undertaking to pay, the creditor may proceed directly to committal without a preliminary judgment summons examination; the debtor must adduce evidence of inability to pay if relied upon, and failure to avail himself of opportunities to be heard is dispositive. Accordingly the leave application was dismissed.
Source excerpt
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.
Source excerpt
The District Court found the respondent guilty of contempt for repeatedly obstructing a path in breach of an injunction, with sentencing adjourned.
The Court of First Instance dismissed two stay applications, activated a suspended committal order, returned HK$500,000 to the defendant, and awarded costs to the plaintiff.
The Court of Appeal dismissed a leave application in a civil contempt appeal, holding the proposed issue about “sales talk” and silence was unarguable.
Committal proceedings over failure to attend oral examination hearings. Count 1 was dismissed for defective service proof, while Count 2 was proved beyond reasonable doubt.
The Court of First Instance sentenced the defendant to 6 weeks’ imprisonment for civil contempt after a deliberate breach of undertaking and no purge of contempt.
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