Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Administrative practice

  • 7 Jul 2006

    RE GOLDLORY RESTAURANT LTD

    Citation
    RE GOLDLORY RESTAURANT LTD
    Court
    Court of First Instance
    Case number
    HCCW999/2001

    The court held that s196(2) and rule 146(2) grant the court an unfettered discretion and that the percentage basis applicable to the Official Receiver is not the mandatory default; accordingly, as a matter of practice the time cost basis should be adopted for remuneration of liquidators in summary winding-up cases and should be provided for when a summary procedure order under s227F is made.

  • 3 Oct 2003

    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION

    Citation
    NG SIU TUNG AND OTHERS v. DIRECTOR OF IMMIGRATION
    Court
    Court of First Instance
    Case number
    HCAL81/1999

    The court applied the CFA's tests: claims are substantive (not mere inquiries) and may be oral; the concession requires a record that on its face (or by reasonable inference from face) evidences a claim and is in the Director's possession; deficient recording practices do not estop the Director but proven wrongful pressure that actively prevented recording does. Applying those principles, of the 22 applicants heard the court found only three had a record of a claim in the Director's files and the remainder did not meet the concession's record requirement.