Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Necessary implication

Legal area

Court

26 Jun 2019

YEUNG BING KWONG KENNETH v. MOUNT OSCAR LTD

Citation

[2019] HKCA 688
Court

Court of Appeal
Case number

CACV26/2019

Appeal dismissed: sections 462 and 463 do not, by necessary implication, require that reasons for a proposed removal be given to the affected director; the statutory protections in s463 are sufficient; the omission of a reasons requirement cannot be supplied by implication; indemnity costs order was excessive so set aside and replaced with party-and-party costs below and of the appeal.
24 Dec 2018

YEUNG BING KWONG KENNETH v. MOUNT OSCAR LTD

Citation

[2018] HKCFI 2763
Court

Court of First Instance
Case number

HCMP773/2018

The court held that there is no legal basis to read into section 463 of the Companies Ordinance an implied requirement that reasons for a proposed removal must be given to the affected director; the Applicant failed to meet the high threshold for necessary implication, practical and statutory scheme considerations rebut the implication, and therefore the Originating Summons is dismissed.