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Hong Kong Case Law

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Civil procedure [2023] HKCA 707

DADRA INC. v. CHAN CHOI HAR IVY

The Court of Appeal stayed execution of a six-week committal order pending appeal, finding the jurisdiction challenge to post-bankruptcy Order 49B proceedings reasonably arguable.

  • Stay of execution
  • Order 49b disclosure and committal
  • Jurisdiction after bankruptcy
  • Costs orders
  • Exercise of judicial discretion
  • Stay-of-execution
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Civil contempt [2022] HKCA 659

SAIF PARTNERS II L P AND ANOTHER v. JOE ZHIXIONG ZHOU

The Hong Kong Court of Appeal dismissed a defendant’s application for leave to appeal in committal proceedings, holding the proposed grounds were case-specific and not reasonably arguable.

  • Leave to appeal
  • Substituted service
  • Rhc order 11 vs order 65 r4
  • Last resort principle in contempt
  • Multiplicity/duplicity of contempt charges
  • Reading down of court orders
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National security law [2022] HKCFI 1017

HKSAR v. FUNG WAI KONG

Bail application refused in an NSL-related case, with the court finding insufficient grounds to believe the applicant would not continue endangering national security if released.

  • Bail threshold under nsl (hksar v lai chee ying)
  • Conspiracy to commit collusion with a foreign country
  • Conspiracy to publish seditious publications
  • Article 42(2) nsl application to local offences
  • Editorial influence and continued risk of offending
  • Flight risk and intention to abscond
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Civil procedure [2021] HKCFI 3466

HIGH FASHION NEW MEDIA CORPORATION LTD v. LEONG MA LI

The court granted leave to cross-examine the maker of a hearsay affirmation, ordered the plaintiff to arrange attendance, and refused to exclude the evidence if she did not attend.

  • Admissibility of hearsay
  • Section 48 evidence ordinance
  • Rhc order 38 r21
  • Subpoena / compulsion of attendance
  • Cross-examination of hearsay maker
  • Hearsay-evidence
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Civil procedure [2021] HKCA 718

JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P. AND ANOTHER

Court of Appeal summarily assessed costs at HK$280,000, dividing the award between solicitors, senior counsel, and junior counsel after noting prior dealings before Anthony Chan J.

  • Assessment of costs
  • Summary assessment
  • Allocation of fees between solicitor and counsel
  • Assessment-of-costs
  • Summary-assessment
  • Civil-procedure
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Civil contempt [2020] HKCFI 103

張月清 v. TSUI YIU HEI

The court sentenced the defendant for civil contempt in two committal proceedings, imposing a suspended 3-month prison term, a HK$30,000 fine, and costs orders.

  • Contempt of court
  • Final injunction breach
  • Sentencing
  • Suspended sentence
  • Costs
  • Civil-contempt
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Criminal procedure SECRETARY FOR JUSTICE v. YUEN OI YEE LISA

SECRETARY FOR JUSTICE v. YUEN OI YEE LISA

The court dismissed the respondent’s adjournment and RPO/RAO summonses, but allowed a supplemental affirmation and adjusted the timetable for reply and cross-examination.

  • Adjournment applications
  • Restricted proceedings order (rpo) and restricted applications order (rao) leave
  • Leave to amend/supplement affidavits
  • Jurisdiction and forum
  • Costs
  • Committal-proceedings
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Civil procedure FONFAIR CO LTD v. UDL MANAGEMENT LTD

FONFAIR CO LTD v. UDL MANAGEMENT LTD

The court refused to vary a costs order nisi in committal proceedings, holding the respondents' conduct did not waste costs or significantly prolong the case.

  • Costs orders
  • Order nisi
  • Variation of costs
  • Wasted costs
  • Pleading points
  • Elgindata principles
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Civil procedure TRADING CONSULTANTS LTD. v. JOHN STEWART SLOAN

TRADING CONSULTANTS LTD. v. JOHN STEWART SLOAN

The District Court refused a committal application under Order 49B, finding the creditor had not proved beyond reasonable doubt that the debtor disposed of assets or wilfully failed to disclose assets.

  • Order 49b
  • Oral examination
  • Disclosure obligations
  • Imprisonment for non‑disclosure
  • Costs
  • Judgment-enforcement
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Civil procedure HANG SENG BANK LTD. AND ANOTHER v. LEE YUK MING

HANG SENG BANK LTD. AND ANOTHER v. LEE YUK MING

The Court of Appeal held that a respondent served with a notice of appeal may attend and make representations, where the applicants appealed instead of renewing ex parte.

  • Ex parte applications
  • Right to be heard
  • Service of notice of appeal
  • Renewal under order 59 r.14(3)
  • Ex-parte-applications
  • Right-to-be-heard
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.