Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Sentencing for civil contempt

Legal area

Court

10 Jul 2025

AU TZE PUI v. CHOW WING MAN

Citation

[2025] HKCFI 2995
Court

Court of First Instance
Case number

HCMP68/2025

Because the defendant voluntarily gave a simple undertaking and deliberately breached it without evidence of inability to comply, failed to purge the contempt despite multiple opportunities and produced no credible proof of means to repay, a short custodial sentence (six weeks) is necessary to punish and coerce compliance; the sentence should not be suspended and costs are to be assessed on an indemnity basis at HK$350,000.
25 Oct 2024

嘉信大廈業主立案法團 v. 張笑媚

Citation

[2024] HKLdT 87
Court

Lands Tribunal
Case number

LDMP6/2023

The Tribunal concluded there was admissible, compelling circumstantial and direct evidence from which no reasonable tribunal could fail to infer that the respondent had possession, custody or control of IO’s properties during the relevant period and wilfully refused to comply with the Previous Judgment; the criminal standard was correctly applied; there was no error of law in the reasoning; and the one‑month custodial sentence was within proper principle and proportion given contumacious, intentional breach and absence of mitigation, so leave to appeal lacked reasonable prospect of success.