Hong Kong Case Law: Decisions & Judgments

Topic

Evidence and hearsay

Legal area

Court

28 May 2025

RASHID QADEER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2025] HKCFI 2147
Court

Court of First Instance
Case number

HCAL430/2020

Leave was granted because the applicant’s pleaded grounds were reasonably arguable: the Board’s Decision contained material mischaracterisations and omissions of the applicant’s evidence, potentially relied on prejudicial material and failed to address COI and internal relocation issues relevant to witness protection, thereby raising arguable procedural unfairness and irrationality sufficient to meet the leave threshold in Po Fun Chan.
15 May 2018

MOON LAM, the person appointed to represent the estate of TANG SHAU KI, deceased v. TANG YING YEUNG

Citation

[2018] HKCFI 923
Court

Court of First Instance
Case number

HCA1055/2014

The defendant did not establish exclusive possession from 1985; factual possession commenced circa 1990 but was interrupted by demolition and paving in January/February 2008 which amounted to abandonment; the interruption prevented the running of the statutory period to extinguish the deceased's title, so defendant's adverse possession claim and counterclaim fail and plaintiff is entitled to possession and related orders.
15 Aug 2013

HKSAR v. SHEUNG KIT FUNG AND ANOTHER

Citation

HKSAR v. SHEUNG KIT FUNG AND ANOTHER
Court

Court of Appeal
Case number

CACC149/2013

Taking a broad view on the merits for a bail application, the Court found the trial judge had reasonably rejected the verification defence and concluded the applicants sought to persuade the bank to accept the false instruments; the appeal was not reasonably arguable and there was an attendant risk of absconding, therefore bail pending appeal was refused for both applicants.
6 Jul 2012

WAI MING (LING\'S) ENGINEERING CO LTD v. K.H. FOUNDATIONS LTD

Citation

WAI MING (LING\'S) ENGINEERING CO LTD v. K.H. FOUNDATIONS LTD
Court

Court of First Instance
Case number

HCCT7/2007

The Court accepted the Plaintiff's contemporaneous signed documents and oral evidence and rejected the Defendant's account; the Formal Sub-Contract was not incorporated into the parties' contract, no fixed completion date was established so a reasonable time was implied, and on the evidence the Plaintiff did not delay; judgment entered for the Plaintiff for the outstanding sums plus awarded interest and costs nisi.
2 Feb 2012

THE INCORPORATED OWNERS OF TAK WING INDUSTRIAL BUILDING v. POON CHI HUNG, WILLIAM

Citation

THE INCORPORATED OWNERS OF TAK WING INDUSTRIAL BUILDING v. POON CHI HUNG, WILLIAM
Court

Court of First Instance
Case number

HCMP2505/2011

Poon failed to demonstrate a reasonable prospect of success or error of law on the proposed grounds; the IO had authority under the DMC and took reasonable steps on safety and insurance; there was no unfairness in admitting documents or in the summary costs assessment, so leave to appeal was refused and the judge's discretionary orders were upheld.
12 Jun 2003

CHENG YING HUNG t/a PO SHING CO v. YUEN CHAK CONSTRUCTION CO LTD

Citation

CHENG YING HUNG t/a PO SHING CO v. YUEN CHAK CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCA411/2001

Judge preferred plaintiff's and delivery driver's credible evidence, found no proven delays in 1999, no fresh supply agreement of January 2000, payments to 23 August 2000 were final settlement for January–June 2000, and delivery records constituted prima facie proof of supply and quantity; therefore plaintiff owed balance and defendant's counterclaim failed.

Hong Kong Case Law

RASHID QADEER v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

MOON LAM, the person appointed to represent the estate of TANG SHAU KI, deceased v. TANG YING YEUNG

HKSAR v. SHEUNG KIT FUNG AND ANOTHER

WAI MING (LING\'S) ENGINEERING CO LTD v. K.H. FOUNDATIONS LTD

THE INCORPORATED OWNERS OF TAK WING INDUSTRIAL BUILDING v. POON CHI HUNG, WILLIAM

CHENG YING HUNG t/a PO SHING CO v. YUEN CHAK CONSTRUCTION CO LTD