Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Standard of proof for contempt

Legal area

Court

23 Mar 2000

SANRIO CO., LTD. v. MIRACLE PRODUCTION CO. (a firm)

Citation

SANRIO CO., LTD. v. MIRACLE PRODUCTION CO. (a firm)
Court

Court of First Instance
Case number

HCA8116/1995

The court accepted the applicant's witnesses and contemporaneous records as reliable proof that the 1st Respondent was served and aware of Rogers J's injunction and thus knowingly breached it, establishing contempt beyond reasonable doubt; the evidence was insufficient to prove the 2nd Respondent personally participated in breaches beyond reasonable doubt, so the application against him was dismissed.
8 Aug 1969

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS

Citation

EUGENE MAH YAU CHIM v. C. KING LEE AND OTHERS
Court

Court of Appeal
Case number

CACV16/1969

The court held that it would permit the appellants to raise additional grounds given the liberty interest, but it would not sustain committal of the first defendant on the first injunction because the order was ambiguous as to whether it bound goods allegedly sold prior to the injunction and it would be improper to allow retrospective dispensation of personal service to convert otherwise non‑criminal conduct into a contempt; on the second committal the failures were real but not of a severity warranting further imprisonment beyond the time already served (six days).