26 Apr 2017
SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. CHUN NGAI JEWELLERY DESIGN CO LTD (IN COMPULSORY LIQUIDATION) AND OTHERS
- Citation
- SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. CHUN NGAI JEWELLERY DESIGN CO LTD (IN COMPULSORY LIQUIDATION) AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1362/2015
The appeal is dismissed: the court found on the evidence that EY retained title to the Diamond (the Invoice and Supplementary Agreement did not transfer property), IN was not a buyer in possession and Tsang/Tsang's company did not act in good faith such that s27(2) SOGO or s3 FO could divest EY's title. The pawn memorandum was not admitted as fresh evidence. Accordingly the Pawnshop does not have a better title than EY and the Diamond must be returned to EY.