Hong Kong Case Law: Decisions & Judgments

Topic

Secret commission

Legal area

Court

21 Sept 2021

CHINA FORESTRY HOLDINGS CO LTD (in official liquidation) v. TOP WISDOM OVERSEAS HOLDINGS LTD AND ANOTHER

Citation

[2021] HKCFI 2761
Court

Court of First Instance
Case number

HCA1089/2016

The application to strike out was dismissed: in light of FHR and authorities the plaintiff's proprietary claim over the proceeds of the director's sale of shares was at least arguable and not plainly unsustainable; Sinclair does not conclusively preclude such a proprietary remedy and alleged regulatory remedies under the SFO are irrelevant to the strike-out threshold.
28 Aug 2007

HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER

Citation

HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER
Court

Court of First Instance
Case number

HCA836/2007

The judge exercised discretion to allow the defendants to re‑amend their defence and counterclaim because the pleaded issue was sufficiently limited (a legal duty to disclose M.Bark's ownership/directorship) and the court was satisfied the plaintiff could meet the amendment without undue prejudice; however, because the amendment and emergent documentary issues would materially extend the trial, the judge ordered an adjournment and allocation of an additional ten days to enable proper investigation and avoid unfair trial conditions.
13 Sept 1999

EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

Citation

EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS
Court

Court of First Instance
Case number

HCA1984/1995

The court held the interrogatories were relevant to pleaded issues but should not be answered immediately; instead they are to be dealt with after exchange of witness statements because that approach is fairer to both parties and is likely to avoid unnecessary cost and duplication; the acting master s order is varied accordingly and the parties are given liberty to apply if necessary.
13 Sept 1999

YANG TAK SHING v. EKPAC ENGINEERING LTD.

Citation

YANG TAK SHING v. EKPAC ENGINEERING LTD.
Court

Court of First Instance
Case number

HCA6772/1995

Although the interrogatories were relevant to issues raised in the pleadings, the judge exercised his discretion to defer their answer because the matters are more appropriately and fairly dealt with after exchange of witness statements; interrogatories at that stage would not save costs and might increase them, so the acting masters order was varied to require interrogatories to be dealt with after witness statements with liberty to apply.
22 Oct 1997

YANG TAT SHING v. EKPAC ENGINEERING LTD

Citation

YANG TAT SHING v. EKPAC ENGINEERING LTD
Court

Court of First Instance
Case number

HCA6772/1995

The Plaintiffs' particulars were in general adequate having regard to the pleaded case and commercial reality; however the particulars supporting Request 3(a) did not sufficiently link the 5th Defendant to the 1st Defendant and must be supplied within 14 days failing which the allegation in Request 3(a) is struck out; the Master's orders in respect of the other requests and the costs order are affirmed.
1 Nov 1996

CABI CO. LTD. and Another v. NG WING NING, VICTOR

Citation

CABI CO. LTD. and Another v. NG WING NING, VICTOR
Court

Court of First Instance
Case number

HCA1463/1996

The master's entry of summary judgment was set aside because the defendant had raised a defence that was sufficiently believable that a reasonable tribunal could accept it; therefore the matter must proceed to trial rather than be decided on summary judgment, and the appellate court must not substitute its own credibility assessment for that of a trial tribunal.
2 May 1975

NGAN LUN YAN v. THE QUEEN

Citation

NGAN LUN YAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC212/1975

s.9(2) of the Prevention of Bribery Ordinance prohibits offering or giving an advantage to an agent as an inducement to show or forbear to show favour or disfavour to a principal even where the end sought is legitimate; lawful authority to permit such conduct must come from the agent's employer; 'expediting' a claim is within the scope of 'showing favour'.

Hong Kong Case Law

CHINA FORESTRY HOLDINGS CO LTD (in official liquidation) v. TOP WISDOM OVERSEAS HOLDINGS LTD AND ANOTHER

HUMMINGBIRD MUSIC LTD v. DINO ACCONCI AND ANOTHER

EKPAC CHINA LTD. AND OTHERS v. NEWMAN LIU CHI MAN AND OTHERS

YANG TAK SHING v. EKPAC ENGINEERING LTD.

YANG TAT SHING v. EKPAC ENGINEERING LTD

CABI CO. LTD. and Another v. NG WING NING, VICTOR

NGAN LUN YAN v. THE QUEEN