Hong Kong Case Law: Decisions & Judgments

Topic

Rule of law

Legal area

Court

3 Nov 2022

KWOK CHEUK KIN v. MS IP LAU SUK YEE, EXCO CONVENOR AND EXCO MEMBERS

Citation

[2022] HKCFI 3341
Court

Court of First Instance
Case number

HCAL1155/2022

The application for leave failed because the amended Cap 599L provides statutory mechanisms (clinical assessments and transitional certificates) enabling affected MEC holders to regain exemption, there is no legal requirement for an express appeal right for holders beyond the statutory scheme, the Secretary may lawfully exercise and revoke powers while receiving advice if not medically qualified, and the Applicant's grounds lacked the required particularity and realistic prospects of success.
29 Nov 2021

RE SHAHZAD

Citation

[2021] HKCA 1747
Court

Court of Appeal
Case number

CACV28/2021

The Notice of Motion for leave to appeal was dismissed because the applicant failed to identify any specific error in the Court of Appeal judgment and did not show any question of great general or public importance under section 22(1)(b) HKCFAO; general assertions of fear are insufficient and there was no basis under the 'or otherwise' limb.
23 Sept 2019

RE CHU, ALFRED

Citation

[2019] HKCFI 2338
Court

Court of First Instance
Case number

HCMP1139/2019

Because both the Law Society and the Secretary for Justice conducted inquiries and accepted the applicant's explanation that the offensive post was made by a friend and the applicant did not mislead the court, the court declined to conduct further inquiry and allowed the admission as the applicant is fit and proper to be admitted.
30 Mar 2017

SECRETARY FOR JUSTICE v. CHENG KAM MUN

Citation

SECRETARY FOR JUSTICE v. CHENG KAM MUN
Court

Court of First Instance
Case number

HCMP2916/2015

Both respondents intentionally breached the Injunction Order and obstructed execution of the court order amounting to criminal contempt; given the extent and deliberateness of Mr Cheng's involvement immediate imprisonment of 3 months was appropriate; given Mr Au's limited role, youth, apology and lesser culpability a custodial sentence of one month suspended for 12 months plus a fine of HKD 10,000 (payable within 3 months, default one month imprisonment) was appropriate; costs awarded to the applicant on an indemnity basis and respondents' own costs taxed under Legal Aid Regulations.
10 Nov 2014

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS

Citation

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS
Court

Court of First Instance
Case number

HCA2104/2014

The court continued the injunctions because plaintiffs had shown at least triable issues that they suffered particular, substantial and direct damage giving rise to private causes of action in public and/or private nuisance, damages were inadequate and the balance of convenience favoured continuation; the court authorised bailiffs to assist clearance and expressly authorised police to arrest persons who reasonably appeared to be obstructing bailiffs after being warned.
10 Nov 2014

GOLDON INVESTMENT LTD v. PERSONS WHO ERECTED OR PLACED OR MAINTAINED OBSTRUCTIONS OR OTHERWISE DO ANY ACT TO CAUSE OBSTRUCTION, OR TO PREVENT OR HINDER THE CLEARANCE AND REMOVAL OF THE OBSTRUCTIONS AT THE ENTRANCES OR EXITS OF CITIC TOWER, 1. TIM MEI AVENUE, CENTRAL, HONG KONG (“CITIC TOWER”), AND/OR THE VEHICULAR/PEDESTRIAN PASSAGEWAY AT TIM MEI AVENUE AND/OR LUNG WUI ROAD WHICH BLOCK VEHICULAR OR PEDESTRIAN ACCESS TO CITIC TOWER AND ANOTHER

Citation

GOLDON INVESTMENT LTD v. PERSONS WHO ERECTED OR PLACED OR MAINTAINED OBSTRUCTIONS OR OTHERWISE DO ANY ACT TO CAUSE OBSTRUCTION, OR TO PREVENT OR HINDER THE CLEARANCE AND REMOVAL OF THE OBSTRUCTIONS AT THE ENTRANCES OR EXITS OF CITIC TOWER, 1. TIM MEI AVENUE, CENTRAL, HONG KONG (“CITIC TOWER”), AND/OR THE VEHICULAR/PEDESTRIAN PASSAGEWAY AT TIM MEI AVENUE AND/OR LUNG WUI ROAD WHICH BLOCK VEHICULAR OR PEDESTRIAN ACCESS TO CITIC TOWER AND ANOTHER
Court

Court of First Instance
Case number

HCA2094/2014

The court found plaintiffs had at least a triable case that they suffered particular, substantial and direct damage from the public nuisance and that damages would be inadequate; accordingly the balance of convenience favoured continuation of the interlocutory injunctions (Mongkok Injunctions and CITIC Tower Injunction). The court further held it was appropriate to direct bailiffs to assist enforcement and to include a police authorisation allowing officers to arrest persons reasonably suspected of obstructing bailiffs (criminal contempt) provided the person is warned, and ordered costs again…
10 Nov 2014

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS

Citation

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
Court

Court of First Instance
Case number

HCA2086/2014

On the evidence plaintiffs demonstrated at least triable issues that they suffered particular, substantial and direct damage from the occupations; damages would be inadequate and the balance of convenience favoured continuation of the injunctions; bailiffs may be directed to assist and police may be authorised to arrest persons who obstruct bailiffs provided procedural safeguards; therefore the ex parte injunctions were continued and enforcement directions granted until trial or further order.
9 Jan 2009

TONG SAI HO v. OBSCENE ARTICLES TRIBUNAL

Citation

TONG SAI HO v. OBSCENE ARTICLES TRIBUNAL
Court

Court of First Instance
Case number

HCAL101/2007

Costs should follow the event; TELA, having actively resisted the judicial review and effectively standing in substance as the respondent, must bear the applicants' costs (to be taxed if not agreed); the formal respondent, which did not participate, should not be ordered to pay; no basis existed to apportion or reduce costs under Elgindata principles or to exonerate TELA as a public authority.
10 Jun 2003

LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE

Citation

LAU KWOK FAI BERNARD v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL177/2002

The Ordinance is constitutionally valid because it applies to a constitutionally recognised class (public servants), implements reductions calculated by the long‑established and participatory pay adjustment mechanism, is non‑retrospective, pursues the legitimate constitutional aim of fiscal sustainability under art.107, is proportionate in purpose and effect, does not unlawfully deprive access to courts or usurp judicial power, and legislative variation of civil service contracts in these circumstances is within the preserved system protected by arts.103 and 160 and supported by precedent (La…
14 Oct 1997

LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

LONG QUOC TUONG AND OTHERS v. THE DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV200/1997

The application for a stay was refused because immediate release is mandated by the statutory habeas corpus provisions and individual liberty outweighs administrative convenience; there were no very good reasons to delay enforcement, the judge properly distinguished Ly Duc, and re‑detention remains possible if appeal succeeds.