Hong Kong Case Law

香港特別行政區 訴 王日昌

Court

Court of First Instance

Case number

HCMA354/2024

Appeal allowed because prosecution did not prove beyond reasonable doubt that appellant had command or control of vessel 711244 and therefore did not establish that appellant participated in the critical act of intercepting and stopping the marine enforcement vessel; the remaining misconduct, viewed alone, was insufficient on the evidence to convict for obstruction under s80(1).

Source excerpt

• Obstruction of enforcement officer
• Statutory identity checks
• Appeal - re‑hearing standard
• Credibility of witnesses

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SINO DATABASE LTD AND ANOTHER v. ABERDEEN BOAT CLUB LTD

Court

District Court

Case number

DCCJ3404/2021

The District Court dismissed claims arising from a yacht wreck in Typhoon Hato, holding the hirer was responsible for the swivel and plaintiffs failed to prove ABC caused the loss.

• Mooring agreement
• Duty of care
• Negligence
• Allocation of responsibility for equipment
• Expert evidence
• Pleadings discipline

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CHU KONG v. LAU WING YAN

Court

Court of First Instance

Case number

HCA228/2017

The Court of First Instance found the PB companies were jointly owned, rejected an alleged 2014 restructuring agreement, and held Topmove could not enforce the loan and debenture without both parties' agreement.

• Beneficial ownership
• Declaration of trust
• Oral agreement and formation
• Corporate reorganisation
• Loan and debenture
• Enforceability

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PACIFIC BULK SHIPPING LTD AND ANOTHER v. TOPMOVE LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA1431/2015

The court found the PB Group had been operated as a joint venture, rejected a concluded 2014 restructuring agreement, and held the loan and debenture unenforceable without both parties’ consent.

• Beneficial ownership
• Constructive and express trust
• Oral agreements and certainty
• Enforceability of security documents (loan and debenture)
• Corporate restructuring
• Collateral agreement

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KING FIELD SHIPYARD LTD v. TAI PAK SEA-FOOD RESTAURANT LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA1494/2022

The Court of First Instance ruled on amendment, expert evidence, discovery and security for costs in a ship-transfer dispute, allowing only part of the amendments and ordering HK$7 million security.

• Specific performance
• Security for costs
• Preservation order
• Amendment of pleadings
• Expert evidence
• Discovery

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FRIENDSHIP SHIPPING AND TRADING S.A. v. I.V.L. DHUNSERI POLYESTER COMPANY S. A. E.

Court

Court of First Instance

Case number

HCCT66/2024

The court ordered the defendant’s costs on an indemnity basis, granted a certificate for two counsel, and declined summary assessment on the papers.

• Anti-suit injunction
• Indemnity costs
• Summary assessment of costs
• Admissibility of evidence
• Material non-disclosure
• Service out of jurisdiction

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FRIENDSHIP SHIPPING AND TRADING S.A. v. I.V.L. DHUNSERI POLYESTER COMPANY S. A. E.

Court

Court of First Instance

Case number

HCCT66/2024

The Court dismissed an anti-suit injunction application for want of admissible sworn evidence and, alternatively, refused relief because of delay, comity and the advanced Egyptian proceedings.

• Anti-suit injunction
• Arbitration agreement
• Service out of jurisdiction
• Admissibility of affidavits
• Incorporation by reference into bills of lading
• Delay and comity

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TASMANIA FEEDLOT PTY LTD AND OTHERS v. TOLL GLOBAL FORWARDING (HONG KONG) LTD

Court

Court of First Instance

Case number

HCAJ22/2023

The Court of First Instance dismissed OOCL’s strike-out application, holding Toll HK had sufficiently pleaded an agency-based undisclosed principal case and should proceed to trial.

• Undisclosed principal
• Third party notice
• Strike out
• Abuse of process
• Locus standi
• Carriage of goods by sea

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KING FIELD SHIPYARD LTD v. TAI PAK SEA-FOOD RESTAURANT LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA1494/2022

法院就保全安排、補強金及快捷審訊作出指示，並駁回新增證據申請中的 Wong 4th，但准許 Leung 3rd 與 Wong 3rd 追認提交。

• Preservation order
• Fortification (security for injunction)
• Admission of fresh evidence
• Speedy trial directions
• Dry-docking and storage of vessels
• Prc temporary import/export regulation

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EMS-TECH INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “MIRNA” AND THE OTHER SHIPS OR VESSELS NAMED IN SCHEDULE “A” ANNEXED HERETO

Court

Court of First Instance

Case number

HCAJ3/2024

The High Court granted an application for sale pendente lite of the arrested vessel MV Mirna, finding proper service, no appearance by the defendant, and continuing arrest costs.

• Sale pendente lite
• Arrest of vessel
• Security for claim
• Wasting asset
• Costs
• Sale-pendente-lite

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