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Hong Kong Case Law

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Conflict of laws [2024] HKCA 878

BEIJING RENJI REAL ESTATE DEVELOPMENT GROUP CO., LTD v. ZHU MIN

The Court of Appeal held that a Mainland jurisdiction clause applied by operation of Mainland law to a guarantee did not amount to a choice of Mainland court agreement under Cap. 597.

  • Choice of mainland court agreement
  • Statutory interpretation
  • Guarantee law
  • Jurisdiction clauses
  • Reciprocal enforcement of judgments
  • Judgment-enforcement
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Companies (winding‑up) [2021] HKCFI 105

LAU SIU HUNG AND KWOK SIN KWAN (BEING THE JOINT AND SEVERAL LIQUIDATORS OF TOM IP & PARTNERS, ARCHITECTS, ENGINEERS & DEVELOPMENT CONSULTANTS LTD (IN LIQUIDATION)) v. P & T INTERNATIONAL INC.

The court refused to order a further affidavit on outstanding disclosure items, holding the respondent had already said it had no more documents or information to give.

  • Disclosure under s.286b
  • Affirmation/affidavit
  • Private examination under s.286b(1)(b) and s.286c
  • Compelling ex‑directors
  • Costs assessment
  • Winding-up-disclosure
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Civil procedure [2018] HKCFI 1840

THE EXPORT- IMPORT BANK OF CHINA v. LIU QINGPING

香港高等法院裁定《內地判決(相互執行)條例》下的登記有效,但拒絕批出/維持臨時禁制令,並指申請人未能證明資產流失風險。

  • Registration of foreign/mainland judgment (mjreo)
  • Choice of court agreements
  • Order 71a evidence requirements
  • Mareva injunction (s21m hco)
  • Duty of full and frank disclosure
  • Construction of statutory powers post-judgment
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Copyright law [2018] HKCFI 1330

NAGRAVISION SA v. ZHUHAI GOTECH INTELLIGENT TECHNOLOGY CO LD AND OTHERS

法院裁定原告就美国德州判决及多项版权/程序性请示提出良好可争辩案由,继续Mareva禁制令与交付命令,驳回被告管辖权及解除申请。

  • Enforcement of foreign judgment
  • Mareva injunction
  • Delivery up order
  • Service out of jurisdiction (order 11)
  • Dmca statutory damages
  • Personal jurisdiction/presence
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Civil procedure WU WEI v. LIU YI PING

WU WEI v. LIU YI PING

The court granted a limited mandatory interlocutory order requiring the defendant to pay USD150,000 into court, pending trial, while allowing time to comply with PRC exchange rules.

  • Mandatory interlocutory injunction
  • Freezing order
  • Recognition of foreign judgments
  • Res judicata and issue estoppel
  • Without prejudice communications
  • Foreign exchange control
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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.