Hong Kong Case Law: Decisions & Judgments

Topic

Hearsay evidence

Legal area

Court

15 Apr 2026

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

Citation

[2026] HKCFI 1977
Court

Court of First Instance
Case number

HCAL1561/2021

Leave to apply for judicial review was granted because the leave materials show arguable errors of law and procedural unfairness by the Board: application of an inappropriate approach to standard of proof for credibility, categorical dismissal of hearsay, inadequate reasons for rejecting the four incidents (and failure to give the applicant opportunity to address adverse findings), undue reliance on the applicant's use of a false passport for a global adverse credibility finding, and failure to consider cumulatively the incidents and submitted country-of-origin information; those errors make…
16 Mar 2026

WONG YO HO JAMES v. CLUB MARINA COVE LTD

Citation

[2026] HKCFI 1443
Court

Court of First Instance
Case number

HCSA12/2026

The application for leave to appeal is dismissed because the intended grounds raise no question of law of arguable merit: the allegations of bias are unsupported and insufficient, privacy does not justify withholding medical records relied upon by the claimant, production of club rules was proper for context, hearsay admissibility is a matter of weight and case-management, and there is no basis to interfere with legitimate case-management decisions including refixing the part-heard trial.
11 Nov 2025

LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. ELEGANT FUND LTD AND OTHERS

Citation

[2025] HKCFI 5484
Court

Court of First Instance
Case number

HCA2427/2015

On the balance of the evidence the Court found the transfers and allotments were intended as inter vivos gifts, not trusts; the deceased’s untested statements and late assertions were insufficient to rebut contemporaneous documentary evidence and the deceased’s sworn position in divorce proceedings; claimant’s trust claims dismissed.
17 Sept 2025

CHUNG LOI KIU by her next friend, LAU CHING MAN v. LAU YIP HUNG

Citation

[2025] HKDC 1565
Court

District Court
Case number

DCCJ3999/2021

The Plaintiff failed to prove factual possession of the Pink Area for the limitation period 1990–2010 because the evidence did not establish complete or effective exclusive control (experts and witnesses showed gaps in fencing and unrestricted access); planting of trees was intermittent and insufficient absent effective exclusion; the Plaintiff’s hearsay witness statement from the incapacitated owner was not admitted and would in any event have added little; given the lack of factual possession the adverse possession claim fails and, even if factual possession were established, the Plaintiff’…
21 May 2025

TANG FOOK WING v. TANG CHUN KEE AND OTHERS

Citation

[2025] HKCA 456
Court

Court of Appeal
Case number

CAMP218/2024

The Court refused leave because the 2nd SWS was inadmissible opinion and redundant of earlier material, the 3rd SWS was unnecessary and redundant given disclosed video-recordings and competence was not contested; the grounds had no reasonable prospect of success and there was no other reason in the interests of justice to hear the appeal, so leave was dismissed and costs awarded to the defendants.
16 May 2025

香港特別行政區訴劉浩殷

Citation

[2025] HKCFI 3761
Court

Court of First Instance
Case number

HCMA57/2024

重審全部證供後，上訴庭認為控方已在毫無合理疑點下證明三次電話所指事件實際並未發生；裁判官並非主要依賴傳聞，而是依據消防員到場後的直接調查（主控台無警號、現場無火光或煙霧、升降機運作正常及未見有人於高處）得出虛報結論；考慮到上訴人為消防員且在短時間內三度虛報、造成大量人力物力浪費，原審以六周為量刑起點再扣減一月後判處各項控罪五周監禁並同期執行，並無原則性錯誤或明顯過重，故維持定罪及刑罰。
7 May 2025

WAH SUN INVESTMENTS LTD v. WEALTHY BASE PROPERTIES LTD AND ANOTHER

Citation

[2025] HKCFI 1819
Court

Court of First Instance
Case number

HCA3046/2016

The court found on the balance of probabilities that Plaintiff was the beneficial owner from 1993, that an oral agreement in April/May 2013 between Plaintiff (through Mr Lau) and D2 resulted in D1 being used as a corporate nominee to hold the Relevant Lots for Plaintiff, that the 2013 transfers did not extinguish the trust, and that D1 therefore holds legal title on constructive trust for Plaintiff; consequentially Plaintiff is entitled to transfer, vacant possession and equitable compensation (occupation rent) from the date of formal demand.
16 Apr 2025

LEE SZE MAN (sue by CHING KWONG MING her mother and next friend) v. CHEUNG KIN WAH AND OTHERS

Citation

[2025] HKDC 616
Court

District Court
Case number

DCPI648/2018

Leave to appeal refused because the proposed grounds were factual re-statements that did not identify palpable errors or a reasonable prospect of success; stay refused because no arguable appeal was shown and no evidence that the appeal would be rendered nugatory without a stay.
12 Nov 2024

DAO TRONG TRUONG AND OTHERS v. DIRECTOR OF IMMIGRATION

Citation

[2024] HKCFI 2984
Court

Court of First Instance
Case number

HCAL1502/2024

The court found the applicants relied on the same facts and that the additional material did not demonstrate a significant change of circumstances or give the subsequent claim a realistic prospect of success under s.37ZO; accordingly leave to apply for judicial review was dismissed and a restricted proceedings order was justified to prevent abuse of process.
10 Oct 2024

TEMPOROSA, MA. CARLA ARANGOTE, THE EXECUTRIX OF THE ESTATE OF GUTING, JOAN SARMIENTO, DECEASED v. CHOY CHIU YEE RITA

Citation

[2024] HKDC 1589
Court

District Court
Case number

DCEO13/2019

Court held respondent failed to discharge burden to show the actions were frivolous or that special circumstances existed. The claimant's reliance on hearsay and limited contemporaneous documents did not make the claims manifestly misconceived given the evidential context and need to avoid hindsight. However, because the employment claim overlapped substantially and the claimant lost that claim, the court exercised discretion to vary the costs nisi and ordered the claimant to pay 25% of the costs of the consolidated actions with certificate for counsel, taxed party and party if not agreed; no…