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Hong Kong Case Law

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Legal profession disciplinary proceedings [2024] HKCA 759

THE BAR COUNCIL v. SIO CHAN IN, DEVIN

The Court of Appeal refused an extension of time to appeal against disciplinary orders, finding the delay significant and the intended grounds without merit.

  • Extension of time
  • Duty of disclosure / unused materials
  • Cross-examination
  • Interpretation of professional conduct rules (rule 91)
  • Competence in pleading
  • Dishonesty to regulatory body
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Medical disciplinary law [2022] HKCA 801

DR LEE YAU WING v. THE MEDICAL COUNCIL OF HONG KONG

The Court of Appeal allowed Dr Lee Yau Wing’s appeal against a Medical Council reprimand, holding the Council lacked an evidential basis to find he took no steps to prevent misuse of his title.

  • Quotable qualifications
  • Practice promotion
  • Professional conduct code
  • Reasonable steps
  • Standard of review on appeal
  • Medical-disciplinary-law
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Medical disciplinary law [2019] HKCFA 15

DR. FUNG YEE LEUNG WILSON v THE MEDICAL COUNCIL OF HONG KONG

The Court of Final Appeal refused leave to appeal in a medical disciplinary case, holding the proposed grounds were factual challenges dressed as questions of law.

  • Leave to appeal
  • Adequacy of reasons
  • Standard of proof
  • Bolam test
  • Scope of appellate review
  • Leave-to-appeal
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Medical disciplinary law DR WONG KAR MAU BERNARD v. THE MEDICAL COUNCIL OF HONG KONG

DR WONG KAR MAU BERNARD v. THE MEDICAL COUNCIL OF HONG KONG

The Court of Appeal upheld a Medical Council finding that Dr Wong performed a D&C without proper justification and dismissed his appeal with costs.

  • Misconduct in professional respect
  • Appropriate medical procedure (d&c v hysteroscopy)
  • Credibility and evidence assessment
  • Medical records and disclosure
  • Professional-misconduct
  • Medical-discipline
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Criminal law HKSAR v. KONG HO WAN

HKSAR v. KONG HO WAN

Court dismissed a police officer’s appeal against convictions for indecent assault and misconduct in public office, and upheld the 16-month sentence.

  • Indecent assault
  • Misconduct in public office
  • Credibility of witness
  • Binding over / no conviction recorded (ncr)
  • Abuse of police authority
  • Indecent-assault
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Civil procedure ZHI CHARLES v. THE STOCK EXCHANGE OF HONG KONG LTD AND OTHERS

ZHI CHARLES v. THE STOCK EXCHANGE OF HONG KONG LTD AND OTHERS

The judge recused himself because of a past connection with a defendant’s former accountants and referred the matter back to Godfrey Lam J, while reserving costs.

  • Vexatious litigant order
  • Locus standi
  • Recusal
  • Listing rules compliance (chapter 18)
  • Duty of care regarding expert reports
  • Locus-standi
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Criminal law 香港特別行政區 訴 唐汝駿

香港特別行政區 訴 唐汝駿

The appeal judge allowed the appeal against sentence, finding the trial judge failed adequately to weigh pre-charge full restitution and the appellant's age, health and emotional/financial pressures; the appellate court set concurrent reduced terms (3 months on each count with 1.5 months concurrent) totaling 4.5 months and suspended that term for 12 months, applying a one-third guilty plea discount and an overall 50% mitigation for pre-charge full repayment.

  • Theft
  • Obtaining property by deception
  • Breach of trust
  • Sentencing principles
  • Suspended sentence
  • Mitigation
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Criminal law HKSAR v. MUI KWOK KEUNG

HKSAR v. MUI KWOK KEUNG

The Court of Appeal upheld convictions of a barrister for champerty, holding that fee-sharing arrangements with lay clients were criminal and that no exception applied.

  • Champerty
  • Maintenance
  • Contingency fees
  • Access to justice
  • Sentencing
  • Legal practitioners ordinance
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Criminal law HKSAR v. HO HUNG KWAN MICHAEL

HKSAR v. HO HUNG KWAN MICHAEL

The Court of Final Appeal quashed a doctor’s conviction for misconduct in public office, holding that the record omissions and conduct did not meet the criminal threshold.

  • Misconduct in public office
  • Falsification of records
  • Abuse of office
  • Prescription dispensing
  • Computer access offences
  • Appeal against conviction
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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.