Hong Kong Case Law

12 Feb 1948

MAN KEUNG WONG v. CHUEN CHEONG HONG

Citation

MAN KEUNG WONG v. CHUEN CHEONG HONG

Court

Court of Appeal

Case number

CACC27/1947

Because the case stated lacked any finding that the respondent had taken all reasonable precautions required by s3(2)(a) and the notes of evidence did not supply material justifying amendment, the respondent had not discharged the statutory burden and the appeal must be allowed with the case remitted to the magistrate to enter conviction as to the four tins and impose penalty.

• Merchandise marks ordinance 1890 s3(2)
• Burden of proof on defendant
• Case stated requirements
• Amendment of case stated under magistrates ordinance 1932 s112
• Conviction and sentencing

CHAN NAN FONG v. CHAN TAK WAH

Citation

CHAN NAN FONG v. CHAN TAK WAH

Court

Court of Appeal

Case number

CACV13/1971

Appeal dismissed. The court held that s.45(1)(b) District Court (Civil Jurisdiction and Procedure) Ordinance creates a substantive right applicable to actions in the District Court and does not automatically apply to appeals under s.33 of the Landlord and Tenant Ordinance from the Tenancy Tribunal; s.33 governs procedure and cannot be used to grant substantive relief unavailable at first instance; the District Judge was not wrong to find that the President's factual inferences were supported by the evidence and the appellate court should not substitute findings absent clear demonstration they…

• Relief against forfeiture
• Case stated requirements
• Appellate fact‑finding and inferences
• Payment into court
• Waiver and forfeiture
• Statutory vs contractual tenant