Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility and weight of contemporaneous documents

  • 17 Jun 2013

    CHUI WAI FONG v. CHUI SUN AND ANOTHER

    Citation
    CHUI WAI FONG v. CHUI SUN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA2658/2007

    On balance the contemporaneous handwritten and typewritten documents prepared by the 2nd defendant demonstrate that LD4376 and LF9605 were held on trust for the plaintiff and that the 2nd defendant owed the plaintiff specified sums; therefore declarations and monetary relief were granted for those assets and sums, LT3927 was found to be beneficially owned by the 2nd defendant and claims against the grandfather (deceased) were dismissed; credibility findings and documentary weight determined the outcome.

    • Beneficial ownership
    • Constructive/resulting trust
    • Declaration of trust
    • Accounting of proceeds
    • Admissibility and weight of contemporaneous documents
    • Credibility of witnesses

  • 6 Oct 2005

    HKSAR v. GARY SMITH

    Citation
    HKSAR v. GARY SMITH
    Court
    Court of First Instance
    Case number
    HCMA220/2005

    The court upheld the magistrate's findings that contemporaneous fax evidence (Exhibit P.13) established the appellant knew on 19.12.2003 that his payment would be refunded, that the Cover Note tendered (Exhibit P.6) was false, and that the appellant used it knowing it was false; accordingly all elements of s74 Crimes Ordinance were proved beyond reasonable doubt and conviction was safe. On sentencing the court found a six month starting point appropriate, reduced to five months having regard to character and mitigation and suspended the sentence for 18 months; the TP insurance fine was reduce…

    • Using a false instrument (s74 crimes ordinance)
    • Using vehicle without third party insurance (motor vehicles insurance (third party risks) ordinance)
    • Sentence appeal and mitigation
    • Appellate rehearing under magistrates ordinance s113
    • Admissibility and weight of contemporaneous documents

  • 12 Aug 2004

    TSUI SHU FONG v. CHAN YUEN TENG AND OTHERS

    Citation
    TSUI SHU FONG v. CHAN YUEN TENG AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV165/2002

    The Court of Appeal allowed the appeal, holding that the trial judge's finding that HK$1,060,000 and the Los Angeles premises were not partnership investments was plainly wrong because it rested on illogical reasoning inconsistent with unchallenged findings and contemporaneous documentary and banking evidence (notably the 13 June 1997 fax and payment records); accordingly paragraphs (3), (4) and (5) of the trial judge's order were set aside and the court held that the HK$1,060,000 and the Premises formed part of the partnership's investment in Eagle Plastic.

    • Partnership investment
    • Dissolution of partnership
    • Constructive trust/accounting
    • Admissibility and weight of contemporaneous documents
    • Appeal against findings of fact
    • Costs