Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Remedies and sentencing

Legal area

Court

19 Jul 2024

SIN CHAN KAM 對 THE INCORPORATED OWNERS OF WAI SUN BUILDING

Citation

[2024] HKLdT 62
Court

Lands Tribunal
Case number

LDMP1/2023

The injunction was properly construed as outcome‑oriented requiring the respondent to stop leakage to Shop D and its toilets; the applicant proved beyond reasonable doubt that by 29 August 2022 the respondent had not taken all necessary remedial measures to achieve that result; the respondent knew the facts making its omissions non‑accidental and thereby possessed the mental element for punishable civil contempt; accordingly committal is established and a sentencing hearing is directed.
8 Aug 1969

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS

Citation

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS
Court

Court of Appeal
Case number

CACV16/1969

The court held that it would permit the appellants to raise additional grounds given the liberty interest, but it would not sustain committal of the first defendant on the first injunction because the order was ambiguous as to whether it bound goods allegedly sold prior to the injunction and it would be improper to allow retrospective dispensation of personal service to convert otherwise non‑criminal conduct into a contempt; on the second committal the failures were real but not of a severity warranting further imprisonment beyond the time already served (six days).