Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Incorporation of statutory terms

Legal area

Court

29 Jan 2024

MAZEL LTD v. HAO LIN INVESTMENT (HONG KONG) LTD

Citation

[2024] HKCFI 282
Court

Court of First Instance
Case number

HCMP853/2020

The Tomlin Order schedule records a bona fide settlement which constitutes a new enforceable contract; the Loan qualified as an exempted loan under Schedule 1 Part II §2 MLO so the Defendant's illegality defence fails; there was no clear incorporation of MLO provisions into the Loan Agreement; accordingly the enforcement summons succeeds and the appeal dismissing enforcement is dismissed.
14 Jan 2022

TAI CHEUNG MANAGEMENT CO LTD v. THE INCORPORATED OWNERS OF TUEN MUN CENTRAL SQUARE

Citation

[2022] HKLdT 3
Court

Lands Tribunal
Case number

LDBM49/2021

Clause 12(A)(a) of the DMC provides a legitimate, alternative mechanism to terminate the DMC manager; paragraph 7(1) of Schedule 7 is permissive and not the exclusive means of termination. Because clause 12(A)(a) does not frustrate the legislative purpose of Schedule 7 and in fact makes termination easier for owners, it is not inconsistent with Schedule 7 and therefore is effective to terminate the applicant's appointment.