Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Variation of restraint

Legal area

Court

23 Jul 2012

SECRETARY FOR JUSTICE on behalf of the GOVERNMENT OF THE UNITED MEXICAN STATES v. ZHENLY YE GON AND ANOTHER

Citation

SECRETARY FOR JUSTICE on behalf of the GOVERNMENT OF THE UNITED MEXICAN STATES v. ZHENLY YE GON AND ANOTHER
Court

Court of Appeal
Case number

CACV174/2011

The application to re-open the appeal and to vary the restraining order was refused because the issue had already been decided at first instance and on appeal, the applicant failed to discharge the burden of proving he had no other assets due to inadequate disclosure of worldwide financial resources, and a tardy affidavit filed after judgment could not re-open the settled proceedings (functus officio).
15 Oct 1992

RE MALE LAW KIN MAN

Citation

RE MALE LAW KIN MAN
Court

Court of First Instance
Case number

HCMP2765/1992

The application to extend time was dismissed because the proposed appeal had no real prospect of success: the judge's finding that the branch manager acted outside the scope of his employment meant the bank could not be imputed with knowledge of tainted funds; the bank was entitled to rely on the security documents at face value; and in any event the winding up and appointment of a liquidator under s17(2) prevents the restraint provisions from inhibiting the liquidator's functions in relation to company property.