Hong Kong Case Law

陳 對 鍾

Court

Court of Appeal

Case number

CACV461/2022

Given the length of the marriage (over ten years), the accumulation and commingling of interests, and the five‑and‑a‑half year delay before pension receipt, the Court exercised its discretion to treat 80% of the husband’s pension as matrimonial property and to award the wife 40% of the pension (both lump sum if available and ongoing monthly payments), varying the trial judge’s award which had limited the matrimonial share to one third and awarded the wife one sixth.

Source excerpt

• Division of matrimonial assets
• Treatment of pre‑marriage pension
• Ancillary relief
• Apportionment percentage

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LO KWOK KUEN DANWAY v. SECRETARY FOR JUSTICE for and on behalf of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION

Court

Court of Appeal

Case number

CACV180/2016

Section 31(2) PBO does not create a proprietary equitable charge in pension benefits because it does not require appropriation or segregation of a specific fund or impose an obligation to pay the debt out of a specific part of the pension; therefore the Government is not a secured creditor and debts were released on discharge under BO s32, so the Government had no right to deduct pension after discharge; appeal allowed.

Source excerpt

• Discharge from bankruptcy
• Equitable charge vs set-off
• Statutory deduction from pension
• Government creditor rights
• Surrender/waiver of security

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LO v. WONG

Court

Family Court

Case number

FCMC9860/2005

Ancillary relief judgment in a Hong Kong divorce case. The court ordered a lump sum, pension advance, sale of the former matrimonial home, and a future pension share.

• Ancillary relief
• Asset division
• Pension sharing
• Lump sum award
• Maintenance pending suit
• Section 7 mppo factors

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CHAN CHUNG SAU v. MACRAE DUNCAN JAMES

Court

Court of Appeal

Case number

CACV6/2005

The Court of Appeal dismissed a personal injury appeal, upholding awards for future earnings and earning capacity and refusing surgery costs.

• Loss of earnings
• Loss of earning capacity
• Medical expert evidence
• Surveillance evidence
• Future surgical costs
• Costs of appeal

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S v. S

Court

Family Court

Case number

FCMC6574/2003

Ancillary relief trial in which the court fixed child maintenance, awarded nominal spousal maintenance, and divided matrimonial assets 60:40 in the wife’s favour.

• Child maintenance
• Division of matrimonial assets
• Custody and access (consent)
• Pension valuation
• Non-disclosure/conduct
• Child-maintenance

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H v. H

Court

Court of Appeal

Case number

CACV322/1999

Court of Appeal reduced child maintenance, limited gratuity sharing, ordered transfer of the endowment policy, and set aside the whole-firm disqualification.

• Ancillary relief
• Maintenance calculation
• Division of matrimonial assets
• Pension sharing
• Conflict of interest in legal representation
• Security for maintenance

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WONG LEUNG SEE LAWRENCE v. WONG LO LUNG KWAN

Court

Court of Appeal

Case number

CACV121/1985

The Court of Appeal varied maintenance orders, upheld the $50,000 lump sum, and ordered contingent pension provision for the wife and support for the twin sons.

• Irretrievable breakdown (five years separation)
• Maintenance pending suit
• Lump sum award
• Pension entitlement
• Validity of decree absolute
• Section 17a matrimonial causes ordinance

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ROYCE BEYNON v. CYNTHIA MARIA ALVES BEYNON

Court

Family Court

Case number

FCMC614/1975

Ancillary relief after divorce: the court ordered a HK$150,000 lump sum and HK$500 monthly maintenance, while discharging the prior HK$6,100 order.

• Lump sum award
• Periodical payments
• Ancillary relief under cap.192
• Pension commutation
• Financial disclosure
• Costs

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