Hong Kong Case Law: Decisions & Judgments

Topic

Illegal hawking

Legal area

Court

11 Mar 2016

UNI-CHINA (MARKET) MANAGEMENT LTD v. PERSONS UNLAWFULLY OCCUPTYING OR REMAINING IN LEUNG KING ESTATE FOR THE PURPOSES OF ILLEGAL HAWKING

Citation

UNI-CHINA (MARKET) MANAGEMENT LTD v. PERSONS UNLAWFULLY OCCUPTYING OR REMAINING IN LEUNG KING ESTATE FOR THE PURPOSES OF ILLEGAL HAWKING
Court

Court of First Instance
Case number

HCA414/2016

An interlocutory injunction was necessary and granted because there was at least a serious question to be tried on the plaintiff's private nuisance claim arising from persistent illegal hawking, the balance of convenience favored restraining unlawful hawking (not lawful activity), and the plaintiff offered a cross-undertaking in damages.
2 Apr 2001

CHIU WING SZE KARBY v. CHAN YING WAI AND ANOTHER

Citation

CHIU WING SZE KARBY v. CHAN YING WAI AND ANOTHER
Court

Court of First Instance
Case number

HCPI616/1999

Court found on balance that the plaintiff did work at the newspaper stall but rejected her asserted high earnings as unreliable; awarded pre-trial loss of earnings at HK$3,000 per month for 12 months (HK$36,000); held that illegal hawking of newspapers was not sufficiently culpable to bar recovery; awarded general damages for pain, suffering and loss of amenity HK$150,000 and other special damages HK$23,862, totaling HK$209,862 with specified interest and costs directions.
16 Aug 1996

R. v. WONG YIN FONG

Citation

R. v. WONG YIN FONG
Court

Court of First Instance
Case number

HCMA780/1996

The magistrate permissibly accepted the prosecution witnesses' account and the appellant's admission of having hawked without a licence; there was no legal error or unsafe finding warranting interference, therefore the appeal against conviction was dismissed.

Hong Kong Case Law

UNI-CHINA (MARKET) MANAGEMENT LTD v. PERSONS UNLAWFULLY OCCUPTYING OR REMAINING IN LEUNG KING ESTATE FOR THE PURPOSES OF ILLEGAL HAWKING

CHIU WING SZE KARBY v. CHAN YING WAI AND ANOTHER

R. v. WONG YIN FONG