Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Gateway f (order 11 r.1(1)(f))

Legal area

Court

30 Dec 2022

SECURITIES AND FUTURES COMMISSION v. ISIDOR SUBOTIC AND OTHERS

Citation

[2022] HKCA 1909
Court

Court of Appeal
Case number

CACV510/2021

The Court held the judge was correct to grant leave to serve out under Gateways F and B: s.213 can found tort-based claims and empowers the SFC to seek damages and final relief for the benefit of market investors; the RASOC disclosed a good arguable case, the losses were suffered in Hong Kong, Hong Kong is the appropriate forum and the evidence supported an appreciable risk justifying injunction relief; accordingly the appeals and renewed leave application were dismissed.
21 Jun 2022

EMPLOYEES COMPENSATION ASSISTANCE FUND BOAR v. FONG CHAK KWAN

Citation

[2022] HKCFA 12
Court

Court of Final Appeal
Case number

FACV5/2022

On the statutory construction of Cap 365 s33(d), 'engaged outside Hong Kong' means entering into the contract of employment outside Hong Kong; the courts below found the employment contract with the 2nd defendant was concluded outside Hong Kong, so s33(d) applies and excludes a relief claim against the Fund; consequently the Fund was not at risk and the Board had no standing to be joined to challenge the Court's assumption of jurisdiction over D2, therefore the Board's appeal is dismissed. Separately, on the tort gateway (Gateway F) the Court (Lord Collins NPJ) held that 'damage' embraces ind…