Hong Kong Case Law

陳壽祥 對 CHI WO CONTRACTORS LTD 及另一人

Court

Court of Appeal

Case number

CAMP245/2024

The fresh evidence applications were refused because most documents were not genuinely new or lacked independent value and did not satisfy Ladd v Marshall; the new materials could not overturn the trial judge's credibility and factual findings which were supported by evidence; consequently there was no reasonable prospect of success on appeal and leave to appeal was refused; applications for stay and admission of fresh evidence denied and costs awarded to respondents.

Source excerpt

• Leave to appeal
• Admission of fresh evidence (ladd v marshall)
• Appellate standard of review
• Credibility findings
• Costs order
• Stay of execution

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VAMPIO LTD v. LAI YUK LEONG AND OTHERS

Court

District Court

Case number

DCCJ4644/2018

The District Court held that the Properties devolved on a per capita basis, found physical partition impracticable, and refused an order for sale under the Partition Ordinance.

• Per stirpes v per capita succession
• Order for sale vs partition
• Partition impracticability
• Valuation of land
• Hearsay witness admissibility
• Costs

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香港特別行政區 訴 莊曉斌

Court

District Court

Case number

DCCC89/2025

The court accepted police testimony, found no coercion or inducement, held the initial failure to remind of amendment rights was a procedural defect cured at the police station, concluded follow‑up prompts during the recorded interview did not amount to improper inducement, and found the defendant understood his rights and voluntarily confirmed the statements; accordingly the challenged written supplemental statement and video interview were admissible.

Source excerpt

• Admissibility of confession
• Voluntariness of statement
• Police interview rules
• Leading questions
• Remedial effect of procedural breaches

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HKSAR v. CHEN KEEN (alias JACK CHEN) AND OTHERS

Court

Court of Appeal

Case number

CACC228/2023

Court of Appeal partly allowed a criminal appeal arising from a listed-company acquisition, quashing convictions on Counts 1, 2 and 4 but upholding Count 3.

• Conspiracy to defraud
• Public duty fraud vs economic loss
• Listing rules disclosure
• Expert evidence admissibility
• Stay for delay
• Stare decisis

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YCR also known as CRY v. YSJ nee SJE

Court

Court of Appeal

Case number

CAMP195/2025

The Court of Appeal refused renewed leave to appeal against a child-relocation order to Canada, rejected fresh evidence, and declined any interim stay.

• Leave to appeal
• Fresh evidence (ladd v marshall)
• Children's welfare and wishes
• Exercise of judicial discretion
• Interim stay
• Transcripts and witness coaching

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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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YONG LI INVESTMENTS LTD AND ANOTHER v. LEE SING LEUNG ROBIN

Court

Court of First Instance

Case number

HCA542/2016

The court held the parties had binding oral and written arrangements from 2009, rejected a claimed global settlement, and awarded damages for lost shares and an untransferred promissory note.

• Oral agreements
• Deed of variation
• Promissory note
• Share charges
• Damages
• Hearsay admissibility

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FUNG SUK YEE v. CHAN SHING YAN TRADING AS WONDER EDUCATION INVESTMENT CONSULTING CO

Court

District Court

Case number

DCCJ6554/2024

The court refused the fresh evidence application because the plaintiff failed all three Ladd v Marshall requirements (no reasonable effort to produce the material at first instance, the materials would not have had a substantial impact on the outcome, and they lacked prima facie credibility). The default judgment was held to be regularly obtained and the plaintiff failed to demonstrate a real prospect of success or adduce an admissible affidavit of merits; accordingly both the application to admit fresh evidence and the appeal to set aside the judgment were dismissed and costs were ordered (c…

Source excerpt

• Admission of fresh evidence
• Setting aside default judgment
• Ladd v marshall criteria
• De novo appeal under order 58
• Costs nisi

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香港特別行政區 訴 雷妙貞

Court

Court of First Instance

Case number

HCMA124/2025

The High Court dismissed the appeal: the evidence proved beyond reasonable doubt that the appellant intentionally deleted five files relevant to the Competition Commission's investigation; the warrant was validly executed because the investigating officer provided the warrant together with explanatory notes and the statutory text of ss48 and 50 as undertaken to the issuing judge, and the warrant must be read with s50 which vests investigators with the power to require production of relevant documents; no express limiting condition under s48(2) curtailed s50 powers, so investigators lawfully r…

Source excerpt

• Scope of search warrant
• Ultra vires execution of warrants
• Statutory powers under s50 cap 619
• Obstruction/destruction of evidence
• Standard of appellate review on magistrates' appeals

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HKSAR v. SADLER SIMON PETER AND OTHERS

Court

District Court

Case number

DCCC731/2024

Pre-trial ruling in an insider dealing case on disclosure and privilege. The court held the prosecution’s disclosure duty is limited to possession or control and rejected MLFE’s privilege claim.

• Insider dealing
• Disclosure obligations
• Legal professional privilege
• Limited waiver
• Collateral waiver
• Sfc notification (code 12.5)

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