Hong Kong Case Law: Decisions & Judgments

Topic

Assault and battery

Legal area

Court

19 Dec 2025

LUK SIU PO v. LUK HIN LUN AND OTHERS

Citation

[2025] HKCFI 6302
Court

Court of First Instance
Case number

HCA399/2019

Court found many substantive claims in deceit and ritual schemes were time‑barred under the Limitation Ordinance; but on facts the Plaintiff proved she transferred income and funds under the control and directions of D2 and that transfers from the Joint Account to D1 were procured by D2's undue influence so those transfers must be accounted for and returned; the Impugned Documents (Acknowledgment of Debt, Declaration of Trust and 1140 Assignment) were procured by undue influence and set aside; D1 held a resulting trust interest in the 1140 Property proportionate to proven contributions but ha…
6 Jun 2025

CHOI CHUN TAI v. LAM SZE LING

Citation

[2025] HKDC 944
Court

District Court
Case number

DCPI3716/2022

The court awarded damages of $443,000 based on the neurosurgery expert opinion that the plaintiff's CSDH was causally linked to the assault with a 3% whole person impairment, selected PSLA ($375,000) by analogy with comparable authorities, accepted unreceipted special expenses as reasonable on the evidence, rejected the path construction claim for lack of nexus, and adjusted loss of service to 30 months ($60,000).
22 Feb 2023

黃夢曉對張詠棋及另三人

Citation

[2023] HKDC 243
Court

District Court
Case number

DCPI3815/2019

Plaintiff's claim dismissed: issue estoppel and factual findings established the plants belonged to the property owner and not the plaintiff; defendants were entitled to take steps to protect the plants and persons present and the force used to restrain the plaintiff was reasonable and proportionate in the circumstances; plaintiff's evidence and credibility were unreliable.
10 Feb 2023

KARTIKA PUSPITASARI 對戴志偉及另一人

Citation

[2023] HKDC 226
Court

District Court
Case number

DCPI1891/2016

Liability was treated as established based on prior criminal findings and absence of defence; the court accepted the medical and psychiatric expert reports and the plaintiff's evidence as reliable; having compared authorities and adjusted for inflation and evidential gaps the court fixed quantum by awarding specified sums for general, aggravated and special heads, deducted an identified set-off of HK$350,000 and ordered interest and costs accordingly.
12 Aug 2022

SIU CHI HUNG GARRY 對 SECRETARY FOR JUSTICE FOR AND ON BEHALF OF COMMISSIONER OF POLICE

Citation

[2022] HKDC 772
Court

District Court
Case number

DCPI3344/2019

Plaintiff's evidence was found not credible and did not prove on the balance of probabilities that he was assaulted by police or that the assailants were police officers; accordingly the claim is dismissed. In addition, the court noted that, on case law, the Commissioner is not vicariously liable for police officers' conduct, reinforcing dismissal of the claim.
21 Dec 2017

ERWIANA SULISTYANINGSIH v. LAW WAN TUNG

Citation

ERWIANA SULISTYANINGSIH v. LAW WAN TUNG
Court

District Court
Case number

DCPI569/2015

Liability was previously established; the plaintiff's unchallenged evidence and medical and psychiatric reports were accepted in full, including Dr Hung’s diagnoses and treatment plan; quantum was assessed by awarding full claimed amounts for PSLA, aggravated damages, pre-trial loss of earnings, loss of earning capacity, past and future medical expenses, and special expenses, together with interest and costs, because the defendant had not adduced contrary evidence and the injuries were proven and severe.
17 Aug 2017

KWAN YUEN MEI, administratrix of the estate of Chan Shuit Chan, deceased v. LAU SUI YUEN

Citation

KWAN YUEN MEI, administratrix of the estate of Chan Shuit Chan, deceased v. LAU SUI YUEN
Court

Court of Appeal
Case number

CACV15/2016

The Court upheld the judge's exercise of discretion to strike out the two actions because the plaintiff repeatedly and contumeliously failed to comply with clear court orders, persistently sought to revive struck‑out negligence claims contrary to directions, and her conduct constituted abuse of process warranting dismissal to protect the administration of justice and the court's dignity; costs follow the event.
7 Jul 2017

余祖林對警務處處長及另三人

Citation

余祖林對警務處處長及另三人
Court

District Court
Case number

DCPI1600/2011

法院認為原告於多處就事發經過、受傷部位及目擊證人等提供多個互相矛盾的版本， contemporaneous 醫療及救護記錄並不支持原告所稱之廣泛或嚴重身體傷害，故原告未能在優勢可能性下履行其舉證責任；因此駁回原告對各被告之申索。
10 Feb 2017

YU KA YUI v. CHONG CHI FAI

Citation

YU KA YUI v. CHONG CHI FAI
Court

District Court
Case number

DCPI1994/2014

The summons to strike out was dismissed because the SOC pleads assault and battery which are actionable per se and are supported by credible materials in the SCT file (incident report, photos, witness accounts); disputed facts must be taken in the plaintiff's favour on a strike out application and the plaintiff's non-compliance with disclosure orders, though relevant, did not justify striking the claim or ordering payment into court; instead leave to amend pleadings to reflect assault and battery and an order for the defendant to produce documents from the SCT file were appropriate to secure…
25 Sept 2015

KWAN YUEN MEI v. LAU SUI YUEN

Citation

KWAN YUEN MEI v. LAU SUI YUEN
Court

Court of First Instance
Case number

HCPI569/2009

The plaintiff repeatedly and deliberately failed to comply with the Earlier Decision and the Order dated 19 April 2013, filing Amended Statements of Claim inconsistent with court orders and persisting in abusive and unmeritorious applications; this conduct constituted abuse of the court's process and prejudice to the defendants sufficient to allow the irregularity applications, to dismiss the claims for want of prosecution, and to grant the RAO applications (with modification); costs were awarded against the plaintiff accordingly.