Hong Kong Case Law: Decisions & Judgments

Topic

Return of property

Legal area

Court

3 Apr 2025

香港特別行政區訴蘇緯軒及另三人

Citation

[2025] HKCFI 1343
Court

Court of First Instance
Case number

HCCC165/2022

The court approved the prosecution's revised application under s102 and ordered the disposal and custody of exhibits as categorised in the schedule: specified items forfeited to the Crown, specified items returned to identified owners, specified items retained in court custody, specified items returned to or retained by police, and specified items not to be dealt with because of freezing notices.
19 Mar 2010

WOOD, TERESA ALISON v. TOPSKILL LTD t/a DANSINN DANCE STUDIOS

Citation

WOOD, TERESA ALISON v. TOPSKILL LTD t/a DANSINN DANCE STUDIOS
Court

District Court
Case number

DCCJ6667/2002

The court found on the evidence that the sale of the business was completed on 19 May 2000 (control and management passed to defendant), the purchaser paid HK$35,000 leaving HK$65,000 unpaid; the schedule shown during negotiation was incorporated into the Sale Agreement; defendant breached contractual obligations (failed to pay rent and prevented employment) and plaintiff was entitled to the claimed sums; allegations of misrepresentation and the defendant's counterclaims failed for lack of proof.
26 Feb 2010

RALF BORCHERT v. DRMYO LTD AND ANOTHER

Citation

RALF BORCHERT v. DRMYO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2234/2007

The plaintiff's evidence was not credible and the commercial context (expectation of outside investor funding, absence of signed guarantee) established that Dr Chin did not personally promise to fund the company or guarantee salary; therefore no collateral contract or actionable misrepresentation existed; conversely the evidence established Dr Chin's ownership of the computer and entitlement to its return.
3 Aug 2006

EUXOS PACIFIC SA AND OTHERS v. UNIVERSAL GIFT & STATIONARY PRODUCTION CO LTD AND OTHERS

Citation

EUXOS PACIFIC SA AND OTHERS v. UNIVERSAL GIFT & STATIONARY PRODUCTION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1420/2003

Defendants failed to prove the existence of the alleged All Issues Term and Mould Term; plaintiffs having paid for the 41 moulds are owners entitled to possession; defendants hold those moulds on trust and must deliver them up or pay the sum due, with inquiries as to damages or account of profits as ordered.
30 Jun 2006

BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE

Citation

BRIAN ALFRED HALL v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL5/2006

Leave to apply for judicial review refused in all respects because the applicant failed to show prima facie arguable grounds for judicial review on multiple complaints, suffered inexcusable delay contrary to Order 53 r.4(1), many issues were appropriately dealt with or should be dealt with in criminal or disciplinary proceedings (or by writ for tort claims), and the impugned prison restrictions and decisions fell within the lawful discretionary regulatory framework governing prisons and custody.
19 Mar 2005

S v. O

Citation

S v. O
Court

Family Court
Case number

FCMC5603/2003

The court found cohabitation from November 1993 meant the marriage duration is 8 years 2 months; although the wife likely failed to disclose some assets that have likely been expended, her conduct was not 'obvious and gross' to bar relief; balancing s.7 factors the wife is entitled to 18 months reasonable support as a lump sum of HK$474,138 payable by 18 monthly instalments and must return the husband's personal items at her cost within 3 months.
14 Oct 2004

SUPER TECHNOLOGY LTD v. WAH SHING TOYS CO LTD AND ANOTHER

Citation

SUPER TECHNOLOGY LTD v. WAH SHING TOYS CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1541/2004

The plaintiff was awarded costs because the moulds returned amounted to 99% of the value claimed, making the plaintiff the successful party; the costs award covers the action up to judgment including the application under Order 29, rule 6 and all costs reserved.
21 Dec 1995

R. v. WONG CHING MING and Another

Citation

R. v. WONG CHING MING and Another
Court

Court of Appeal
Case number

CACC510/1995

The judge's direct assessment of witness credibility and corroboration by recovery of the victim's watch supported the conviction beyond reasonable doubt; there was no demonstrable unfairness in the identification or trial process and the sentence was within proper bounds given the vulnerability of taxi drivers and limited violence, so leave to appeal against conviction and sentence was refused.
8 Feb 1991

THE QUEEN v. LAI KAM KWAN AND ANOTHER

Citation

THE QUEEN v. LAI KAM KWAN AND ANOTHER
Court

Court of First Instance
Case number

HCMA1588/1990

The court found it more likely than not that the Customs inspector made statements about penalties and return of tapes which could have influenced the appellants; because the pleas may have been induced, the interests of justice required setting aside the guilty pleas, returning fines and ordering a trial de novo before another magistrate.
5 Mar 1990

PHILIP YUNG-TAK LAM v. DYNAMIC SUPPLY INTERNATIONAL LTD CECIL CORPORATION

Citation

PHILIP YUNG-TAK LAM v. DYNAMIC SUPPLY INTERNATIONAL LTD CECIL CORPORATION
Court

Court of First Instance
Case number

HCA1090/1990

The Anton Piller orders were discharged and the continuation applications dismissed because the plaintiff had obtained the orders by deliberate entrapment and misuse of the court process; such unlawful procurement defeats equitable relief and requires return of information and steps to rectify unjust enrichment.