Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of foreign orders

Legal area

Court

22 Sept 2025

PFX v. XKJ

Citation

[2025] HKFC 154
Court

Family Court
Case number

FCMP188/2024

Having applied the established test for 'substantial connection' (physical presence as foundational, with holistic assessment of social and economic ties) and having considered the Part IIA leave application afresh (applying the Potanina approach), the court found neither party had a substantial connection with Hong Kong on either material date and the applicant failed to show a substantial ground for financial relief under Part IIA; accordingly the ex parte Part IIA leave was set aside, the originating summons dismissed for want of jurisdiction and the injunction and disclosure order dischar…
29 Jan 2019

LCYP v. JEK

Citation

[2019] HKCFI 237
Court

Court of First Instance
Case number

HCMC3/2018

CTC was joined as 2nd respondent because valid service in Delaware had been established, the joinder was necessary and convenient to determine whether the JK Trust funds were available to the Husband and to facilitate enforcement of any order, and Order 15 rule 6(2)(b) authorises joinder where a third party's presence is necessary for just and complete determination of disputed issues; the Husband did not oppose joinder.
25 Oct 2013

DRTMGVC v. WWX

Citation

DRTMGVC v. WWX
Court

Family Court
Case number

FCMP74/2012

The application for leave was refused because the applicant failed on the balance of probabilities to establish that either party (in particular the wife) had a substantial connection with Hong Kong on the relevant dates under s29AE: the wife's primary residence and business were in Shenzhen, her Hong Kong links were insufficiently substantial, therefore the court lacked jurisdiction to grant leave under Part IIA.
13 Dec 2010

ML v. YJ

Citation

ML v. YJ
Court

Court of Final Appeal
Case number

FACV20/2009

The majority concluded that the Shenzhen divorce satisfied Part IX jurisdictional criteria and, absent manifest breach of public policy, must be recognized; recognition removes Hong Kong jurisdiction to make ancillary relief orders under s.25 MPPO once the foreign decree takes effect; the statutory public policy exception in s.61(2)(b) is narrow and to be exercised only in exceptional cases where recognition would plainly cause substantial injustice, which was not established to the requisite degree by the appellant in the majoritys view.
12 Nov 2001

C v. D

Citation

C v. D
Court

Family Court
Case number

FCMC1444/2000

The interim anti-suit injunction was discharged because, although Hong Kong is a natural forum, China is also a natural forum given the wife's nationality, the child's residence and the mainland property and enforcement issues; the husband failed to prove the mainland proceedings were vexatious or oppressive or that he would be denied justice there; balancing the ends of justice showed it would be unjust to restrain the wife's lawful remedies in the mainland.
17 Oct 1984

F.D.C. CO. LTD. AND ANOTHER v. THE CHASE MANHATTAN BANK, N.A.

Citation

F.D.C. CO. LTD. AND ANOTHER v. THE CHASE MANHATTAN BANK, N.A.
Court

Court of Appeal
Case number

CACV131/1984

The Court held that under Hong Kong law the banker-customer contract includes an implied obligation of confidentiality protecting account information situated in Hong Kong; the compulsion-of-law exception in Tournier cannot be extended to orders of a foreign court compelling disclosure of documents located in Hong Kong. A Hong Kong branch is to be treated as distinct from its head office for this purpose; transfers designed solely to bring documents within a foreign court's jurisdiction may be restrained. Accordingly the injunction restraining disclosure and transfers was upheld and the bank'…

Hong Kong Case Law

PFX v. XKJ

LCYP v. JEK

DRTMGVC v. WWX

ML v. YJ

C v. D

F.D.C. CO. LTD. AND ANOTHER v. THE CHASE MANHATTAN BANK, N.A.