Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 45 rule 7

Legal area

Court

24 Nov 2020

WONG YUK TUNG v. WONG PO LING (also known as WONG PO LING CLARA)

Citation

[2020] HKCFI 2953
Court

Court of First Instance
Case number

HCMP129/2019

The court held that it will only dispense with the requirement of personal service under Order 45 r 7(7) in exceptional cases and only if the applicant proves beyond reasonable doubt that the alleged contemnor knew the terms of the order, the consequences of disobedience and the grounds of the alleged breach; the applicant failed to prove awareness of the consequences beyond reasonable doubt, so committal could not be ordered.
6 Nov 2020

KOO MING KOWN v. CHAN CHI MONG, HOPKINS

Citation

[2020] HKCFI 2827
Court

Court of First Instance
Case number

HCMP937/2020

The court held that dispensing with personal service of the order for further and better particulars was justified on the facts (solicitors' receipt, respondent's knowledge and conduct), that the respondent knowingly and non-accidentally failed to comply with the order to produce the original PhD certificate and particulars, and therefore was in contempt of court; sentence was adjourned for hearing.