Hong Kong Case Law: Decisions & Judgments

Topic

Signature discrepancy

Legal area

Court

4 Jan 2013

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG

Citation

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG
Court

District Court
Case number

DCCJ3396/2011

The defendant failed to provide satisfactory information about when and how the disputed signature was appended to the Revised Power of Attorney and did not answer specific questions necessary for the plaintiff to accept the Revised Power of Attorney as valid title; therefore the plaintiff validly rescinded the SP Agreement and is entitled to return of the deposit, damages, indemnity for estate agent commission and costs.
24 Jun 2002

WONG WAI YI AND OTHERS v. YAU SUI CHUN JORESA

Citation

WONG WAI YI AND OTHERS v. YAU SUI CHUN JORESA
Court

District Court
Case number

DCCJ16194/2001

The court found the signatures were not materially different and, alternatively, that the identical Hong Kong identity card number provided sufficient circumstantial proof of identity; therefore the plaintiffs' requisition was unreasonable or satisfactorily answered, the vendor had good title, plaintiffs' claim was dismissed and the defendant was entitled to forfeit the deposit and recover its counter-claim.
24 Feb 1989

LAM KIN I v. TSUI MING YEE

Citation

LAM KIN I v. TSUI MING YEE
Court

Court of First Instance
Case number

HCMP361/1989

Where there is a material discrepancy between two signatures purporting to be the same person, the vendor must produce proper conveyancing evidence (for example a statutory declaration by the signatory or other competent witness) to provide 'reasonable proof' of identity; circumstantial evidence alone was insufficient, therefore the purchaser's objections to title were not satisfactorily answered and the purchaser was entitled to rescind the agreement and recover costs.

Hong Kong Case Law

CREATIVE OWL INVESTMENT CO LTD v. JIN KANG

WONG WAI YI AND OTHERS v. YAU SUI CHUN JORESA

LAM KIN I v. TSUI MING YEE