Hong Kong Case Law: Decisions & Judgments

Topic

Asset disclosure and non-disclosure

Legal area

Court

12 Jun 2023

鄭對陳

Citation

[2023] HKFC 105
Court

Family Court
Case number

FCMC12677/2019

Court applied the statutory s.7 factors and LKW five-step approach. Both parties failed full financial disclosure; court drew adverse inferences that the husband held undisclosed interests in SLL and mainland properties and that the wife understated receipts/proceeds. Starting from equal sharing but adjusting for proven nondisclosure and the husband's higher overall assets and earning capacity, the court awarded 65% of net sale proceeds of the matrimonial home (25D) to the wife and 35% to the husband, ordered sale within six months at not less than HKD 7,300,000, dismissed the wife's separate…
23 Mar 2020

TCP v. KLS

Citation

[2020] HKFC 67
Court

Family Court
Case number

FCMC9304/2015

The court found the matrimonial pot totalled HK$12,915,900 after adding back identified sums. The judge accepted the husband used some proceeds legitimately but found deficiencies in both parties' disclosure; quantified additions of HK$1,450,000 from the KF Property and HK$940,000 net from the Flat H (after deduction of legal costs) and HK$275,000 from the Flat G producing total add-backs of HK$1,725,000. Applying MPPO s.7 principles, after assessing needs and surplus, the court applied the sharing principle equally. Consequential orders: sale of four properties within six months; equal divis…
16 May 2019

CSY v. CPK

Citation

[2019] HKFC 129
Court

Family Court
Case number

FCMC7235/2015

The court treated the case as a needs case but maintained the sharing principle as the starting point. H's 50% shareholding in A Ltd was excluded from the divisible matrimonial pot for distribution purposes but remained relevant to H's earning capacity. The court found H had dissipated approximately HK$3,500,000 and ordered a claw-back of HK$1,750,000 to be paid from H's half share of the net sale proceeds of the former matrimonial home. The former matrimonial home was ordered sold and net proceeds shared equally; H was ordered to pay arrears of maintenance and to pay HK$67,000 per month for…

Hong Kong Case Law

鄭 對 陳

TCP v. KLS

CSY v. CPK

鄭對陳