Hong Kong Case Law: Decisions & Judgments

Topic

Security for loan

Legal area

Court

27 Nov 2025

CHAN YEE LONG v. LAM HEUNG MING AND ANOTHER

Citation

[2025] HKCFI 5642
Court

Court of First Instance
Case number

HCA1734/2021

On the balance of probabilities the Share Transfer Documents were executed to create security for the Loan rather than to transfer beneficial ownership as consideration; contemporaneous WeChat messages and the Statement, commercial implausibility of parting with valuable shares for a short loan, and unsatisfactory defendant evidence established that a constructive trust arose, entitling the Plaintiff to a declaration, injunction and an order for transfer of the ACL Shares; costs allocated to reflect an abandoned alternative claim.
11 Jun 2024

RE TAM KWOK HUNG JOHNSON

Citation

[2024] HKCFI 1573
Court

Court of First Instance
Case number

HCB5483/2023

Debtor failed to comply with the statutory demand and did not set aside the default judgment; he did not adduce credible, precise evidence of a bona fide dispute on substantial grounds regarding the judgment debt (unsigned settlement and alleged oral agreement unsupported; no evidence shares were security); therefore the judgment stands as prima facie proof of indebtedness and a bankruptcy order is appropriate.
25 Sept 2020

KAN MAN LOK PAUL v. CHENG YANG

Citation

[2020] HKCFI 2506
Court

Court of First Instance
Case number

HCA215/2018

The plaintiff proved the cheque was properly presented and dishonoured marked 'refer to drawer' (dispensing with notice); there was no credible documentary or oral evidence linking the cheque to a repayable security arrangement and the defendant did not give evidence; therefore the drawer was liable and judgment was entered for the plaintiff with interest and costs.
14 Oct 2019

GLOBALINK MEDIA LTD v. 陳凱旭

Citation

[2019] HKCFI 2465
Court

Court of First Instance
Case number

HCA1450/2018

The master's order striking out and dismissing the claim and awarding costs was based on application of Order 14 summary judgment principles assessing the defendant's case as non-credible and hopeless on the pleaded facts, and on application of the Rules for appeals out of time the appeal faces difficulty absent acceptable reasons for delay.
15 Jun 2018

NGAN PUI CHI AND ANOTHER v. BAO QUAN

Citation

[2018] HKCFI 1383
Court

Court of First Instance
Case number

HCA2262/2013

Stay of execution was granted because the court identified strong grounds of appeal on entitlement to transfer pledged shares and validity/performability of the forfeiture orders (Grounds 3 and 4), the defendant offered specific and enforceable undertakings restraining disposition and actions in the company, and the court balanced the risk of nugatory appeal against prejudice to plaintiffs by making the stay conditional on specified undertakings and timely filing of supplemental grounds.
22 Oct 2014

HSU MING CHI v. LAM SHU CHIT AND OTHERS

Citation

HSU MING CHI v. LAM SHU CHIT AND OTHERS
Court

Court of First Instance
Case number

HCCL8/2013

The court allowed the amendments because the amendments did not operate as a withdrawal of the plaintiff's admission that he signed the Loan Note, the oral collateral term pleaded was not shown to be bound to fail or necessarily illegal on the face of the pleadings and its viability required assessment on the totality of evidence at trial, and there was no appreciable prejudice to defendants that would justify refusing leave; accordingly justice required the court investigate the pleaded oral collateral term at trial and grant leave to amend.
16 Apr 2013

BOLD SHINE INVESTMENT LTD v. TSUI YEE KWAN

Citation

BOLD SHINE INVESTMENT LTD v. TSUI YEE KWAN
Court

Court of First Instance
Case number

HCA1867/1999

The summons for summary judgment was dismissed because the plaintiff demonstrated gross and unexplained delay in issuing the summons, the supporting affidavits did not comply with O.14 r.2 and O.41 r.5 and contained inadmissible material, and there were genuine triable issues of fact (notably denial of common intention and the defendant's pleaded loan and security) which made summary disposal inappropriate; a full trial was required.
17 May 2012

UNIVERSAL SOLUTIONS LTD v. CHRISTOPHER GORDON YOUNG

Citation

UNIVERSAL SOLUTIONS LTD v. CHRISTOPHER GORDON YOUNG
Court

Court of Appeal
Case number

CACV201/2011

The court allowed the appeal and set aside the summary judgment because the construction of Clause 13.5 depends on an unclear factual matrix and rectification of the clause was arguable; therefore there were triable issues and the defendant was entitled to unconditional leave to defend.
22 Oct 2009

CHAN MOON v. CHEUNG SUNG LAM

Citation

CHAN MOON v. CHEUNG SUNG LAM
Court

Court of First Instance
Case number

HCA1060/2009

The court held the cheques are unconditional bills of exchange and extrinsic evidence cannot be used to nullify their unconditional payment obligation absent a valid condition precedent; the defendant's alleged agreements were not credible on the contemporaneous evidence and did not constitute an arguable defence, so summary judgment must be entered for the plaintiff.
7 Sept 2004

DESMOND YIU CHOWN LEUNG AND OTHERS v. CHOW WAI LAM WILLIAM AND ANOTHER

Citation

DESMOND YIU CHOWN LEUNG AND OTHERS v. CHOW WAI LAM WILLIAM AND ANOTHER
Court

Court of Appeal
Case number

CACV223/2003

The majority upheld the trial judge's factual findings that Mr Chow did no more than witness signatures, there was no contract of retainer and the plaintiffs' positive evidence was rejected; on that basis the plaintiffs failed to prove an assumption of responsibility or reliance causative of their loss and the appeal is dismissed with costs to the defendants.