Hong Kong Case Law: Decisions & Judgments

Topic

Evidential burden

Legal area

Court

2 Apr 2026

GMT INDUSTRIAL LTD v. FAN RONG LI AND ANOTHER

Citation

[2026] HKCFI 1982
Court

Court of First Instance
Case number

HCA546/2015

The summons for leave to appeal out of time and for a stay of execution was dismissed because the applicant had a substantial inexcusable delay (about four months and ten days) and failed to show a strongly arguable case on the merits: the trial judge's factual findings (that the defendant did not discharge the evidential burden to justify the payments and that alleged indebtedness was unproven) were supported by the evidence and not plainly wrong, so no extension or stay should be granted.
5 Sept 2025

CARTIER INTERNATIONAL AG AND OTHERS v. DYNASTY JEWELRY (HONG KONG) LTD AND OTHERS

Citation

[2025] HKCA 818
Court

Court of Appeal
Case number

CACV232/2021

Where an applicant in civil committal proceedings proves contempt beyond reasonable doubt on available evidence, a respondent who advances an affirmative explanation (eg that incriminating statements were mere 'sales talk') must lay some evidential basis for that explanation; the respondent's right to silence does not relieve him of the evidential burden to support such a defence and the court may convict in the absence of contrary evidence, accordingly the proposed questions were unarguable and leave to appeal was refused.
24 Jul 2025

SUKHPAL SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2025] HKCA 684
Court

Court of Appeal
Case number

CACV23/2024

Leave to appeal was refused because the applicant's grounds were unsupported by evidence and he failed to submit documents or seek leave to adduce further evidence, and he did not identify any question of great general or public importance under s22(1)(b); accordingly the Court exercised its discretion to dismiss the Notice of Motion and determine the application on paper.
27 Mar 2025

MAIZE PETER ANDREW v. INTERNATIONAL CHINA CONCERN LTD

Citation

[2025] HKCFI 1231
Court

Court of First Instance
Case number

HCLA48/2024

Leave to appeal was granted only in respect of the first ground concerning the Tribunal's treatment of an email allegedly acknowledging implementation of the employer's Policy on accrual/carry forward of annual leave; the other grounds were held not reasonably arguable because the claimant failed to rebut the presumption of redundancy and the pleaded claims did not properly encompass alleged pre‑termination breaches of mutual trust and confidence relevant to the claimed damages.
22 Nov 2024

PHAM VAN DUY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

Citation

[2024] HKCA 1088
Court

Court of Appeal
Case number

CACV352/2023

The judge did not commit an error of law or ignore relevant material; the applicant presented unsupported assertions and no realistic prospect of success on non‑refoulement grounds, therefore refusal of leave was correct and the appeal is dismissed.
8 Jan 2024

香港特別行政區訴范敏怡

Citation

[2024] HKCFI 113
Court

Court of First Instance
Case number

HCMA145/2023

Appellate court upheld conviction and sentence: appellant failed to establish any statutory reasonable excuse (eating, exercise or medical condition) on the facts and contemporaneous video; prosecution evidence disproved any reasonable excuse beyond reasonable doubt; sentencing to a fine of HK$8,000 with six months to pay was within judicial discretion and not manifestly excessive; constitutional objections and collateral complaints were irrelevant and dismissed.
17 Oct 2023

香港特別行政區訴楊頌恩

Citation

[2023] HKCFI 2697
Court

Court of First Instance
Case number

HCMA128/2023

The Court upheld the conviction for theft because the prosecution proved dishonesty and appropriation beyond reasonable doubt on the totality of environment evidence, bank correspondence and inconsistent statements by the appellant which justified rejecting her defence. The Court allowed the appeal against conviction and sentence for possession of another's identity card because credible newly admitted evidence (the friend's confession and testimony availability) met the test for fresh evidence and could have undermined the prosecution's case; accordingly the conviction and sentence for that…
1 Jun 2023

張對李

Citation

[2023] HKFC 147
Court

Family Court
Case number

FCMC2786/2019

Applying Cap.192 s11(7) and the broad‑brush approach, the court accepted some increases in specific items (domestic helper, tutoring/extracurricular, childcare), corrected and reconciled Form E figures, fixed the child's reasonable monthly expenditure at HKD11,200 and ordered the husband to pay half (HKD5,600) per month from 1 July 2023; the variation was justified and affordable to the husband.
7 Oct 2022

洪錦水對富林工程營造有限公司及另一人

Citation

[2022] HKCFI 3107
Court

Court of First Instance
Case number

HCLA6/2022

The applicant failed to demonstrate any error of law in the Labour Tribunal's decision; the High Court will not re‑open or overturn the tribunal's factual and credibility findings on an application for leave to appeal; accordingly leave to appeal is refused and the tribunal's deductions of the payments stand.
21 Jul 2022

熊達富訴律政司司長

Citation

[2022] HKSCT 3
Court

Small Claims Tribunal
Case number

SCTC12527/2020

The review is dismissed because claimants failed to produce credible evidence linking the submitted invoice to their alleged losses, failed to discharge the evidential burden for quantum or for mental distress, and the tribunal properly exercised its limited s16(3) inquiry duty; therefore the HK$100 symbolic award and the original orders are legally sound.