Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference for failure to give evidence

Legal area

Court

15 Oct 2019

YEUNG SIU YUNG v. FAN PUI WAN, MARGARET AND OTHERS

Citation

[2019] HKCFI 2460
Court

Court of First Instance
Case number

HCA1211/2018

The court refused to stay the civil proceedings because the defendant failed to demonstrate a real risk of prejudice to the criminal process or of asset dissipation, the Plaintiff had a prima facie case and interim relief (Mareva injunction) was in place to protect any assets; privilege against self‑incrimination did not mandate a stay at the interlocutory stage.
16 Jun 1993

CHINA LIGHT & POWER CO, LTD. v. LEUNG FOR-WA AND OTHERS

Citation

CHINA LIGHT & POWER CO, LTD. v. LEUNG FOR-WA AND OTHERS
Court

Court of First Instance
Case number

HCAJ92/1991

The court found both the 1st Defendant (barge) and the 3rd Defendant (tug) negligent in respect of the tow operation that led to the barge's anchor fouling the Plaintiff's submarine cable: the unexplained parting of the towline, failure to ensure anchors were weighed before resuming tow, inadequate communications and delay reconnecting the tow were proximate causes. Liability was apportioned 25% to the 1st Defendant and 75% to the 3rd Defendant. Plaintiff entitled to recover damages as pleaded, interest from issue of writ at 1% above prime, and costs (order nisi).