17 Apr 2025
WONG, CHI HUNG v. LO, WING PUN AND ANOTHER
- Citation
- [2025] HKCA 370
- Court
- Court of Appeal
- Case number
- CACV399/2023
When a restitutionary claim is governed by Hong Kong law, foreign illegality does not automatically defeat recovery; restitution obligations are distinct from contractual enforcement, and international comity/public policy only bar restitution where allowing recovery would clearly subvert the foreign law or where the foreign law expressly or by clear implication bars unwinding; here Mainland law did not clearly bar restitution and the transaction was aborted for reasons unrelated to the exchange, so the unjust enrichment claim succeeds and the appeal is dismissed.