Hong Kong Case Law: Decisions & Judgments

Topic

Scope of cross-examination

Legal area

Court

16 Oct 2025

CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION) v. WU XIAODONG AND OTHERS

Citation

[2025] HKCFI 4997
Court

Court of First Instance
Case number

HCA1417/2013

A defendant proposing a positive alternative factual case that goes beyond testing the plaintiff's pleaded facts must plead that version in its defence under RHC O.18 r.13(5); absent such pleading the court will not permit the defendant to advance or adduce evidence at trial to establish the unpleaded case as it would be prejudicial and outside the pleaded issues.
27 Oct 2014

TANG YING LOI v. TANG YING IP AND OTHERS

Citation

TANG YING LOI v. TANG YING IP AND OTHERS
Court

Court of First Instance
Case number

HCA2487/2009

The court allowed only those proposed re-amendments that were proper responses to the re-amended defence or raised no new factual issues (paragraphs 8A and 6B(i); paragraph 6C allowed excluding words in square brackets), disallowed paragraphs that introduced new allegations without direct bearing on the pleaded loan (paragraph 6D), and reserved ruling on entitlement to cross-examine regarding the June 2002 withdrawal/transfer (paragraph 6A(d)). The defendants were granted leave to file a rejoinder and costs were ordered in the cause.
27 Jun 2002

Yeung Lai Hung v. Ng Bing t/a Sun Fat Restaurant

Citation

Yeung Lai Hung v. Ng Bing t/a Sun Fat Restaurant
Court

Court of First Instance
Case number

HCPI106/2001

The court exercised its discretion to exclude questioning on matters (discussions in the restaurant) that were not foreshadowed in witness statements and where the plaintiff's solicitors had not made sufficient effort to obtain a full statement, because permitting such questioning would cause unfair surprise; however, the court allowed limited questioning on the circumstances of the plaintiff's departure/cessation of employment as administrative matters less likely to produce injustice.

Hong Kong Case Law

CHINA MEDICAL TECHNOLOGIES, INC. (IN LIQUIDATION) v. WU XIAODONG AND OTHERS

TANG YING LOI v. TANG YING IP AND OTHERS

Yeung Lai Hung v. Ng Bing t/a Sun Fat Restaurant