Hong Kong Case Law: Decisions & Judgments

Topic

Restraining orders

Legal area

Court

8 Sept 2009

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER

Citation

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1107/2009

Because the restraining orders were obtained ex parte and therefore recorded provisional allegations rather than findings of fact, and because the Re-Amended Consent Order revoked the restraining orders and recorded the ICAC's and Hon's estate's relinquishment of claims, the court held that the allegations of beneficial ownership in the restraining orders no longer operated to prevent the registered owners (or their estates) dealing with the properties; accordingly the estates adequately answered Talent's requisitions.
22 May 1995

SECURITIES AND FUTURES COMMISSION v. CHESTERFIELD LTD. and Others

Citation

SECURITIES AND FUTURES COMMISSION v. CHESTERFIELD LTD. and Others
Court

Court of First Instance
Case number

HCMP3504/1994

On the proved facts the 4th and 5th Respondents’ conduct—channeling share issue proceeds and causing large related-party payments and investments that became essentially worthless—amounted to conduct unfairly prejudicial to members under s37A(2); absent any defence or appearance, the Court was bound to grant the restraining orders sought to prevent further advising, managing or intermeddling by those respondents.
25 Mar 1976

LAI HING v. J. CATER AND ANOTHER

Citation

LAI HING v. J. CATER AND ANOTHER
Court

Court of First Instance
Case number

HCMP512/1976

Section 17(1) does not authorize indefinite retention to freeze assets and thereby circumvent the court procedure in s.14C; retention under s.17(1) is justified only while reasonably necessary to obtain evidence from the item or where the original document is essential proof and no alternative exists; here the receipts on their face contained no evidence and the primary purpose of retention was to prevent plaintiff using funds, so the receipts must be returned and the Commissioner should have applied for a restraining order if required.
8 Aug 1975

THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION v. WAN LIN

Citation

THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION v. WAN LIN
Court

District Court
Case number

DCMP78/1975

The court held the proceedings are criminal for investigative purposes so the Rules of the Supreme Court do not apply; the applicant's evidence justified an inference that the respondent holds assets for the suspected person which the respondent failed to rebut or explain; the respondent did not prove undue hardship with particulars; therefore the application to revoke or vary the restraining orders is dismissed with costs.

Hong Kong Case Law

TALENT PLAY LTD v. HON KAM CHUEN AND ANOTHER

SECURITIES AND FUTURES COMMISSION v. CHESTERFIELD LTD. and Others

LAI HING v. J. CATER AND ANOTHER

THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION v. WAN LIN