Hong Kong Case Law: Decisions & Judgments

Topic

Illegality doctrine

Legal area

Court

23 Sept 2025

THE INCORPORATED OWNERS OF HAIPHONG MANSION v. JAMES S. LEE & COMPANY (KOWLOON) LTD AND ANOTHER

Citation

[2025] HKLdT 54
Court

Lands Tribunal
Case number

LDBM138/2021

Leave to appeal refused because the tribunal correctly applied the applicable law (including the Patel test as explained in Monat), its factual findings that IO inaction over decades gave rise to acquiescence and proprietary estoppel (passive encouragement, mistaken belief and detriment) were supported by the evidence, the past illegality had been rectified and did not defeat equitable defences, and the proposed grounds either lack a reasonable prospect of success or would be academic; costs awarded to respondents.
21 Jun 2023

THE YERRID LAW FIRM v. QIANSBAIZI TRADING LIMITED AND ANOTHER

Citation

[2023] HKCA 788
Court

Court of Appeal
Case number

CACV313/2021

The Court of Appeal allowed the appeals and set aside the default judgment and garnishee order conditionally because Tin Tat had demonstrated arguable factual prospects of establishing that it received the funds as a receiving agent and the legal issue of whether statutory or common law illegality defeats its restitutionary defences was not appropriate for summary determination; accordingly conditional relief (payment into court) was ordered rather than dismissing the applications on illegality grounds.
16 Nov 2012

IGAL DAFNI v. CMA CGM SA

Citation

IGAL DAFNI v. CMA CGM SA
Court

Court of First Instance
Case number

HCA1185/2008

Amendments pleading illegality were refused. The HOA was not ex facie illegal, there was no evidence before the court to establish illegality (notably no proof of Taiwan/Hong Kong tax breaches), illegality cannot be adjudicated on unpleaded or incomplete facts, and permitting the late, new case would cause serious, non-compensable prejudice and delay; responsive and minor tidy-up amendments were allowed and costs reserved.
17 Feb 2010

LAU TING TAI v. CHUNG CHUN KWONG AND OTHERS

Citation

LAU TING TAI v. CHUNG CHUN KWONG AND OTHERS
Court

Court of First Instance
Case number

HCA2052/2006

The Assignments were sham conveyances made for illusory consideration to facilitate fraudulent Small House Applications; this gave rise to a presumption of resulting trust in favour of the plaintiff which she could establish without relying on the illegality, and the defendants could not successfully rebut that presumption without relying on the illegality; accordingly the court declared a resulting trust and ordered return of possession.
26 Nov 2001

LEE YIU KWAN v. TING YIN WAH

Citation

LEE YIU KWAN v. TING YIN WAH
Court

District Court
Case number

DCCJ15275/2000

Conditional advances for election expenses that were repayable were not out‑and‑out donations and therefore constituted prohibited advantages under ss.5 and 8A Cap.288 and are not recoverable; HKADPL habitually made loans and lacked a money‑lender licence so guarantees to recover those loans are unenforceable under the Money Lenders Ordinance; promises to contribute a percentage of honoraria lacked fresh consideration and, if given in exchange for election support, were illegal under ss.5(c) and (d) Cap.288 and unenforceable; courts will refuse to enforce illegal agreements even if illegality…
19 Sept 2000

LILIK ANDAYANI v. CHAN OI LING

Citation

LILIK ANDAYANI v. CHAN OI LING
Court

Court of Appeal
Case number

CACV104/2000

The Court of Appeal held that Deputy Judge Tong was not functus officio because his December order had not been drawn up or perfected; therefore his refusal to rehear the application for leave was an unexercised discretion which the Court of Appeal could exercise. In the interests of justice and given arguable grounds that were not considered when the claimant was unrepresented, the Court allowed the appeal, set aside the judge's refusal to rehear and directed that the claimant's application for leave to appeal be reheard by Deputy Judge Tong.

Hong Kong Case Law

THE INCORPORATED OWNERS OF HAIPHONG MANSION v. JAMES S. LEE & COMPANY (KOWLOON) LTD AND ANOTHER

THE YERRID LAW FIRM v. QIANSBAIZI TRADING LIMITED AND ANOTHER

IGAL DAFNI v. CMA CGM SA

LAU TING TAI v. CHUNG CHUN KWONG AND OTHERS

LEE YIU KWAN v. TING YIN WAH

LILIK ANDAYANI v. CHAN OI LING