Hong Kong Case Law: Decisions & Judgments

Topic

Evidence and admissibility

Legal area

Court

31 Jul 2024

XUE XIAOYUN v. WU SHANG YING

Citation

[2024] HKCFI 1776
Court

Court of First Instance
Case number

HCA1823/2022

The Declaration of trust is undisputed but the Defendant's pleaded oral Termination Agreement, although weak on the evidence, is not so inherently unbelievable as to be incapable of belief; the defence is shadowy rather than fanciful and therefore conditional leave to defend must be granted subject to specified conditions including disclosure of means and further affidavits; summary judgment is refused.
26 Sept 2018

LEE SUI HEUNG v. CHEUNG YIU CO LTD

Citation

[2018] HKDC 1188
Court

District Court
Case number

DCCJ1907/2015

The plaintiff failed to prove exclusive factual possession and animus possidendi for a continuous 20-year period between 1983 and 30 June 2011; fencing and gate evidence shows effective enclosure only circa 2008-2009, and concurrent tenancy evidence (loan/application forms and tenancy agreement) provides compelling objective evidence that possession was not adverse; accordingly the adverse possession claim is dismissed.
3 May 2012

RE OR KO (also known as OR SIU KO) AND OTHERS

Citation

RE OR KO (also known as OR SIU KO) AND OTHERS
Court

Court of First Instance
Case number

HCAL31/2012

Leave was refused because unrefuted documentary and testimonial evidence established that a third party entered Hong Kong using the deceased Cheung Woon-sing's identity and procured One-Way Permits by false representation; the applicants failed to provide any evidence to rebut those facts, so their proposed challenge could not possibly succeed.
11 May 2006

WO MAN HING AND OTHERS v. WU SING YU AND OTHERS

Citation

WO MAN HING AND OTHERS v. WU SING YU AND OTHERS
Court

Court of First Instance
Case number

HCMP1273/2004

The court concluded that the positive evidential material established the existence of a legal adoption under Chinese customary law and that the negative materials did not create a serious doubt sufficient to defeat the claim; accordingly the court accepted the legitimacy of the adoption claim and permitted procedural steps to obtain a formal declaration.
14 Mar 2003

CHU SHU WOR v. CHENG KAI CHAI t/a CARRY ENGINEERING CO

Citation

CHU SHU WOR v. CHENG KAI CHAI t/a CARRY ENGINEERING CO
Court

District Court
Case number

DCEC161/2002

The court found on the evidence including control, payment, supervision, provision of equipment and the respondent's Form 2 admission that the applicant was an employee; the court increased the Board's 10% assessment to 15% because the Certificate did not show the Board considered the left thumb limitation and left eye vision defect and the combined effect justified an additional 5% despite appellate reservations about medical practitioners' numerical assessments.
24 Jan 1978

TON K. ENGINEERING AND CONSTRUCTION CO LTD v. THE QUEEN

Citation

TON K. ENGINEERING AND CONSTRUCTION CO LTD v. THE QUEEN
Court

Court of Appeal
Case number

CACC2/1978

The court held the head contractor (appellant) was properly characterised as 'proprietor' for purposes of Reg.17(1) because the Building Administration certificate constituted an undertaking to carry out works in compliance with the Buildings Ordinance, imposing responsibility for manner and safety of execution despite subcontracting; accordingly the conviction for improper mounting (Reg.7) stands. However, the conviction for absence of a guard (Summons No.9819 under Reg.8(1)) was quashed because the prosecution did not prove absence of a guard beyond reasonable doubt and the charge was effec…

Hong Kong Case Law

XUE XIAOYUN v. WU SHANG YING

LEE SUI HEUNG v. CHEUNG YIU CO LTD

RE OR KO (also known as OR SIU KO) AND OTHERS

WO MAN HING AND OTHERS v. WU SING YU AND OTHERS

CHU SHU WOR v. CHENG KAI CHAI t/a CARRY ENGINEERING CO

TON K. ENGINEERING AND CONSTRUCTION CO LTD v. THE QUEEN