Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enforceability of foreign-tainted contracts

Legal area

Court

31 Mar 2026

SURE FAST ENTERPRISES LTD v. CHINA ENVIRONMENTAL TECHNOLOGY HOLDINGS LTD

Citation

[2026] HKCFI 1893
Court

Court of First Instance
Case number

HCA783/2019

Court held CETH failed to prove that performance of the Subscription Agreement (as varied) constituted foreign exchange trading prohibited by Articles 45 and 49 of the PRC Foreign Exchange Regulations; accordingly the agreements are valid and enforceable under Hong Kong law and CETH's counterclaim dismissed; costs awarded to Sure Fast.
11 Jul 2013

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD

Citation

RYDER INDUSTRIES LTD v. TIMELY ELECTRONICS CO LTD
Court

Court of First Instance
Case number

HCA2358/2007

The Agreement and its variations were enforceable in Hong Kong. Although some aspects of performance breached PRC administrative/customs rules, those breaches were primarily administrative, shared between parties, not iniquitous, and did not taint the contract so as to bar enforcement; Saitek proved entitlement to HK$6,502,555.15, interest at BLR+1% from 1 Sept 2007, the guarantee by Chan is enforceable, and Saitek validly retained Timely's machinery by way of a particular lien, so Timely's counterclaims fail.