Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Choice of law clause

  • 30 Jan 2003

    HO SIU PUI AND OTHERS v. YUE SHENG FINANCE LTD. AND ANOTHER

    Citation
    HO SIU PUI AND OTHERS v. YUE SHENG FINANCE LTD. AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV361/2002

    The Court of Appeal refused to interfere with the judge's exercise of discretion: clause 16 and clause 7 did not operate as exclusive jurisdiction/choice of law provisions binding the plaintiffs or guarantors; Yue Sheng failed to show the Zhongshan court was clearly or distinctly more appropriate; plaintiffs had legitimate reasons to seek negative declarations and indemnity in Hong Kong; accordingly the stay was properly refused and the appeal dismissed.

  • 12 Jun 2002

    CREDIT AGRICOLE INDOSUEZ v. SHANGHAI ERFANGJI CO. LTD. AND ANOTHER

    Citation
    CREDIT AGRICOLE INDOSUEZ v. SHANGHAI ERFANGJI CO. LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA14569/1999

    The defendants established cause showing a good arguable defence that Hong Kong law was not the proper law because of the surrounding facts (transactions undertaken in Shanghai, alleged illegality under PRC law, lack of connection to Hong Kong and potential mala fides), therefore the court must uphold the leave to defend granted by the Master and dismiss the plaintiff's appeal.

  • 28 Sept 1988

    RE THE ANDHIKA SAMYRA

    Citation
    RE THE ANDHIKA SAMYRA
    Court
    Court of First Instance
    Case number
    HCAJ10/1988

    The court refused the defendants' applications for a stay because the plaintiffs would suffer a real risk of serious juridical disadvantage if forced to litigate in Indonesia: Indonesian Article 474 is uncertain and could produce a derisory limitation, the contractual choice of Indonesian law (Condition 19) is void to the extent it seeks to lessen liability contrary to the Hague-Visby Rules as applied in Hong Kong, and the balance of justice and relevant authorities (notably Adhiguna Meranti) require the actions to proceed in Hong Kong.

  • 5 Nov 1987

    DOW MBF LTD v. DETRICK LTD AND ANOTHER

    Citation
    DOW MBF LTD v. DETRICK LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA7330/1986

    The proper law of the guarantee is Hong Kong law because the Facility Letter expressly governed "all related documentation" and the guarantee was clearly related and signed contemporaneously; because performance could lawfully occur in Hong Kong and no expert or persuasive evidence showed Malaysian law rendered the contract unenforceable, the appellant had no arguable defence of illegality and summary judgment was properly entered for the respondent.