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Hong Kong decisions
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Hong Kong Court of Appeal dealt with two criminal appeals on driving disqualification and sentence, dismissing Chow’s appeal and reducing Fung’s prison term and disqualification.
The Court of Appeal considered consecutive disqualification periods and sentencing in two road traffic appeals, dismissing Chow’s appeal and allowing Fung’s appeal in part.
Leave was granted for judicial review of the Board’s 24 April 2019 decision, because it allegedly failed to consider the merits of the claim.
Tribunal found respondent controlled certified committee and owners' meeting records for the six years before cessation and must deliver certified meeting minutes within 4 weeks; the recurring HK$600 payments (May 2013–Oct 2022, 114 months, total HK$68,400) were in substance statutory 'allowances' under BMO s18(2)(aa) but were not validly authorized by an owners' meeting and therefore were recoverable as unlawful payments; other claimed documents/items either had been returned, were not proved to have been in respondent's control, or the claims were too broadly pleaded and thus dismissed; pre…
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The Court of Final Appeal held that sexual gratification is not an essential element of s.146 Crimes Ordinance, and allowed the prosecution’s appeal.
The Court of Appeal held that $180,000 withheld to service interest was not extra interest for ERI purposes, but $333,417 paid to the intermediary reduced the principal, making the loan unenforceable.
The Court of Appeal refused leave to appeal to the CFA, holding the proposed questions were fact-sensitive, did not arise, or were academic, and ordered costs against the Applicant.
Section 28(3) of the Small Claims Tribunals Ordinance renders the Court of First Instance's refusal to grant leave final, so the appellant had no legal right to pursue the filed originating process; accordingly the originating process dated 17 November 2025 was struck out.
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Competition Tribunal dismissed the Commission’s enforcement action, holding that facilitation should be pursued under section 91 rather than section 6.
The Court of Appeal dismissed an in-person applicant’s appeal against refusal of leave for judicial review, holding the Form 86 was defective and the claims were unarguable.
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