Hong Kong Case Law: Decisions & Judgments

Topic

Asset restraint

Legal area

Court

15 Nov 2019

INTRAPACIFIC LTD v. CREATE MOOD LTD AND OTHERS

Citation

[2019] HKCFI 2877
Court

Court of First Instance
Case number

HCA1968/2019

Plaintiff demonstrated a serious issue to be tried and a clear inferred risk of dissipation; balance of convenience favored continuation; service out of jurisdiction was valid and retrospective leave under Order 11 rule 9 was granted; accordingly the interim Mareva/proprietary injunction was continued and the ceiling against D3 was varied downward to reflect the stopped transfer.
9 Feb 2018

HYUNDAI MERCHANT MARINE (HONG KONG) LTD v. MA CHUN KIT

Citation

[2018] HKCFI 328
Court

Court of First Instance
Case number

HCMP1115/2017

The respondent committed deliberate, repeated and substantial breaches of the Mareva injunction over several months disposing of assets totaling about HK$2.3M, failed to purge the contempt or provide credible mitigation, and therefore an immediate custodial sentence of 4 months is warranted.
8 Sept 2009

SECURITIES AND FUTURES COMMISSION v. WONG KWONG YU AND OTHERS

Citation

SECURITIES AND FUTURES COMMISSION v. WONG KWONG YU AND OTHERS
Court

Court of First Instance
Case number

HCMP1496/2009

The court refused the SFC's proposed variation because the mechanistic top-up/withdrawal regime would unduly fetter the court's discretion, be impracticable to police, and potentially oppressive (particularly paragraph 8); instead the ex parte order was continued as against the 1st and 2nd defendants while limited relief and directions were made as to the 3rd and 4th defendants, including retaining the deposited share certificates with the court until determination or trial.
17 Mar 1998

HKSAR v. FOK CHIU MING

Citation

HKSAR v. FOK CHIU MING
Court

Court of Appeal
Case number

CACC414/1997

The starting point of seven years for the aggregate offending was appropriate given the large loss and abuse of trust, but the judge failed to apply the full one-third guilty plea discount; the Court of Appeal reduced the aggregate sentence to 4 years 8 months by applying the appropriate discount.
2 Feb 1989

HONOUR FINANCE COMPANY LIMITED v. CHU MEI MEI

Citation

HONOUR FINANCE COMPANY LIMITED v. CHU MEI MEI
Court

Court of First Instance
Case number

HCA2252/1988

Balancing doubts about the adequacy of the Defendant's disclosure against her significant personal and administrative difficulties, the court exercised its discretion to extend the prohibition order for one month while requiring the Plaintiff to secure a date for cross-examination within two weeks and to lodge and prosecute an appeal diligently; the Defendant's undertaking restraining disposal of assets up to $810,000 was continued pending further order.

Hong Kong Case Law

INTRAPACIFIC LTD v. CREATE MOOD LTD AND OTHERS

HYUNDAI MERCHANT MARINE (HONG KONG) LTD v. MA CHUN KIT

SECURITIES AND FUTURES COMMISSION v. WONG KWONG YU AND OTHERS

HKSAR v. FOK CHIU MING

HONOUR FINANCE COMPANY LIMITED v. CHU MEI MEI