Hong Kong Case Law: Decisions & Judgments

Topic

Acting in concert

Legal area

Court

18 May 2016

PACAS WORLDWIDE LTD v. CHINA HEALTH GROUP LTD

Citation

PACAS WORLDWIDE LTD v. CHINA HEALTH GROUP LTD
Court

Court of First Instance
Case number

HCA2961/2015

On the facts there was no credible evidence that PW knew or ought to have known of any improper purpose or lack of authority by Chung; the board and shareholders had approved the Agreement and Note; the defendant failed to particularize a bona fide triable defence; accordingly summary judgment was proper and specific performance ordered.
7 Nov 2014

A v. THE SECURITIES AND FUTURES COMMISSION

Citation

A v. THE SECURITIES AND FUTURES COMMISSION
Court

Court of First Instance
Case number

HCAL29/2014

The disciplinary proceedings are civil/regulatory in nature; the correct test for an application to stay such proceedings pending criminal trial is the common law 'balance of justice' test, not the proportionality test for direct abrogation of rights; applicants bore the burden of proving a real risk of prejudice and failed to adduce evidence of such risk; the Chairperson did not err in refusing the stay and her decision was not unreasonable.
7 Nov 2014

B v. THE SECURITIES AND FUTURES COMMISSION

Citation

B v. THE SECURITIES AND FUTURES COMMISSION
Court

Court of First Instance
Case number

HCAL31/2014

The disciplinary proceedings before the Takeovers and Mergers Panel are civil/regulatory in nature; the correct test for stay is the common law 'balance of justice' test; applicants failed to adduce evidence of a real risk of prejudice to their criminal trials and the Chairperson's safeguards and procedural choices were lawful and not unreasonable, therefore the chairperson's refusal to stay was upheld and the judicial review dismissed.
13 Jun 2014

HKSAR v. LEUNG KWOK HUNG

Citation

HKSAR v. LEUNG KWOK HUNG
Court

Court of Final Appeal
Case number

FAMC38/2014

Bail pending the application for leave to appeal was refused because the remaining convictions for criminal damage had no reasonably arguable basis for leave to appeal (credibility findings are for the trial magistrate), and even if the third charge were set aside the applicant would still have to serve immediate custodial sentences on the criminal damage offences; therefore bail would be inappropriate.
5 Aug 2002

International Capital Network Holdings Ltd. v. Capital Ace Holdings Ltd. and Another

Citation

International Capital Network Holdings Ltd. v. Capital Ace Holdings Ltd. and Another
Court

Court of First Instance
Case number

HCA1842/2002

The court discharged the ex‑parte injunction: although the respondents advanced compelling evidence of improper conduct by the applicants, that evidence was not proved on the paper to the standard required to invoke refusal of equitable relief for unclean hands; on the merits the judge found either no serious issue to be tried or that the balance of convenience and regulatory safeguards favored allowing the board to exercise its powers; the matter was certified for speedy trial.
7 Oct 2000

HKSAR v. BUI BICH PHUONG

Citation

HKSAR v. BUI BICH PHUONG
Court

Court of First Instance
Case number

HCMA701/2000

The 12 months imprisonment imposed was appropriate and not excessive because the appellant acted in concert, was convicted after trial, had a poor record and pickpocketing requires deterrent custody; childcare responsibilities are not a mitigating ground and the sentence must run consecutive to the 8 months because the offences were separate and the present offence was committed while on bail.
22 Aug 1995

R. v. MALLQIU ROJAS GIMA SUSSY

Citation

R. v. MALLQIU ROJAS GIMA SUSSY
Court

Court of First Instance
Case number

HCMA602/1995

The court held that theft committed by the appellant acting in concert with others behind a shop counter is analogous to pickpocketing for sentencing purposes; given the aggravating features a starting point of 18 months imprisonment was justified, but the appellant's guilty plea entitled her to a 3‑month discount, and the sentence was reduced to 15 months imprisonment.
7 Oct 1993

THE QUEEN v. LAU FAT WAI AND ANOTHER

Citation

THE QUEEN v. LAU FAT WAI AND ANOTHER
Court

Court of First Instance
Case number

HCMA282/1993

There was no evidence identifying which appellant uttered the threatening words and no evidence that the other appellant associated himself with those words; therefore the prosecution failed to prove both were guilty and the convictions could not stand; appeals allowed and convictions quashed.
10 Jul 1990

THE QUEEN v. FONG LAU HUNG AND ANOTHER

Citation

THE QUEEN v. FONG LAU HUNG AND ANOTHER
Court

Court of Appeal
Case number

CACC514/1989

The court upheld the convictions because the evidence established deprivation of liberty by threats and concerted action; the trial judge's credibility findings (including rejection or discounting of the alibi) were not plainly wrong and triad intimidation was a relevant contextual factor, therefore the convictions on Charges 1 and 2 were safe and must be affirmed.
31 Oct 1969

TAM SIU KEE AND OTHERS v. THE QUEEN

Citation

TAM SIU KEE AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC633/1969

Convictions were quashed because the evidence did not establish physical or constructive possession or acting in concert; mere presence or knowledge of the drugs was insufficient and the magistrate could not properly conclude that guilt was the only rational inference, leaving a reasonable doubt.