Hong Kong Case Law: Decisions & Judgments

Topic

Prima facie case

Legal area

Court

13 Apr 2026

HKSAR v. CELESTIN HENSLEY FRANCO

Citation

[2026] HKCFI 1947
Court

Court of First Instance
Case number

HCCC411/2024

The prosecution established on the balance of probabilities a prima facie case that the cash found on the defendant at arrest was money used in the commission of or in connection with his drug trafficking (or received/possessed as a product of it); the defendant failed to rebut that case on the balance of probabilities, so the court ordered forfeiture under section 56(1) DDO.
17 Nov 2025

RE YAU WING KEUNG

Citation

[2025] HKCFI 5551
Court

Court of First Instance
Case number

HCB1641/2025

The court found the petitioner established a prima facie case under the Loan Deed and assignment; the respondent failed to adducesufficient cogent evidence to show the Loan Deed was a sham, that there was clear and unequivocal estoppel or waiver, or that delivery did not occur (thus limitation did not bar enforcement). Although there is a bona fide dispute that some payments were made on behalf of the lender, the quantum of those set-offs (after accounting for time-barred items and lacking evidence to depress the face value of the assigned loan) was insufficient to extinguish the petition deb…
20 Feb 2024

HKSAR v. CHAN KI FUNG AND ANOTHER

Citation

[2024] HKCFI 671
Court

Court of First Instance
Case number

HCCC196/2021

Both defendants have a case to answer: D2 because the Court of Appeal found the documentary evidence established a prima facie case and the present unchallenged admitted facts maintain that position; D1 because his collection of the parcel and WhatsApp communications show such involvement that a jury could infer he knew the parcel contained dangerous drugs.
11 Apr 2016

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS

Citation

SIU MAN HAI v. THE LINK MANAGEMENT LTD AND OTHERS
Court

District Court
Case number

DCPI2567/2012

Plaintiff failed to prove on the balance of probabilities that the sand or slippery surface caused the skidding or that the occurrence was an unusual event shifting the burden; absent proof of causation and prima facie negligence, defendants are not liable. Even if burden had shifted, defendants failed to adduce primary evidence (patrol staff and patrol logs) to show an adequate system. Accordingly the plaintiff's claims are dismissed.
17 Sept 2014

SECRETARY FOR JUSTICE v. NG SIU LUN

Citation

SECRETARY FOR JUSTICE v. NG SIU LUN
Court

Court of Appeal
Case number

CACC304/2013

The judge erred by applying the wrong test and by assessing evidence and credibility at the discharge stage; on the evidence disclosed (false identity, untrue statements, different signature, avoidance of CCTV, instruction and reward to deliver, and high value of cocaine) a prima facie case of knowledge was established and the discharge was quashed; a trial was ordered and a warrant for arrest issued.
27 Jun 2014

RE MAX SUNNY LTD

Citation

RE MAX SUNNY LTD
Court

Court of First Instance
Case number

HCCW84/2014

ANZ established a good prima facie case for winding up by proof of unpaid statutory demands and insolvency and demonstrated that overall it was just and convenient to appoint provisional liquidators because the companies' assets and receivables were at serious risk, management was inactive and unable to protect creditors' interests, and Z‑Obee had sufficient connection with Hong Kong to permit jurisdiction under s327; accordingly provisional liquidators were appointed.
17 Jan 2008

FRANK YU YU KAI v. CHAN CHI KEUNG

Citation

FRANK YU YU KAI v. CHAN CHI KEUNG
Court

Court of Appeal
Case number

CACV433/2006

Majority: The application for leave to appeal under s22(1)(b) was refused because, although the evidential rule res ipsa loquitur was engaged on the facts, the questions did not amount to matters of great general or public importance warranting leave to the Court of Final Appeal; the trial judge's factual findings and application of the evidential rule were not shown to raise novel or sufficiently general issues. Minority (Rogers VP): would have granted leave because the proper scope of res ipsa loquitur in medical negligence cases is of considerable public importance.
2 Aug 2005

HKSAR v. YAN PANYUE

Citation

HKSAR v. YAN PANYUE
Court

Court of Appeal
Case number

CACC128/2005

The Court held the judge erred in assessing the paper evidence as too weak at the section 16 stage; taking the identification evidence at its highest (Madam Leung’s identification and at best Madam Yip’s parade recognition) together with supporting circumstances (link between respondent and victim’s commercial dispute) established a prima facie case. The discharge was quashed and a trial ordered.
10 Sept 2002

HKSAR v. JERMICE ELENA C

Citation

HKSAR v. JERMICE ELENA C
Court

Court of First Instance
Case number

HCMA228/2002

The Deputy Magistrate wrongly exercised his discretion in depriving the appellants of costs because his stated grounds (suspicion of hawking) were not relevant to the specific charges of obstructing a public officer; accordingly the appellants were entitled to their costs both in the Magistracy and on appeal, to be taxed if not agreed.
16 Nov 1992

THE ATTORNEY GENERAL v. NG YUK TUNG

Citation

THE ATTORNEY GENERAL v. NG YUK TUNG
Court

Court of Appeal
Case number

CACC588/1991

The Court applied the Galbraith test, held that the respondent's act of hiding the pistol did not necessarily amount to abandonment and that there was evidence from which a properly directed jury might infer possession and intent; therefore the trial judge erred in discharging the accused and the acquittal was quashed with a retrial ordered.