Hong Kong Case Law: Decisions & Judgments

Topic

Authenticity of signatures

Legal area

Court

6 Dec 2024

BANK OF COMMUNICATIONS (HONG KONG) LTD v. CHINA FORTUNE ENTERPRISES LTD AND OTHERS

Citation

[2024] HKDC 2015
Court

District Court
Case number

DCCJ116/2023

D4 failed to raise any credible evidence that the bank had actual or constructive notice of fraud or that Mr Tsui was the bank's agent, his misrepresentation/undue influence and non est factum allegations were implausible in the surrounding circumstances, therefore no triable defence existed and summary judgment and striking out of the counterclaim were properly granted.
6 Jan 2016

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Court

Court of First Instance
Case number

HCA51/2007

On the totality of the contemporaneous evidence (Companies Registry and Stamp Office filings, financial statements, Father27s notes), the improbability of a large-scale long-running forgery scheme, and the practice of circulating documents for signature, the court was satisfied on the balance of probabilities (taking account of the seriousness of forgery allegations) that the contested signatures were genuine and that the 1997 restructuring was valid and effective; circulated signed minutes and attendance lists signified consent under In re Duomatic.
7 Jan 2011

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER

Citation

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER
Court

Court of First Instance
Case number

HCCW565/2006

Having evaluated the documentary, expert and factual evidence and rejected Madam Lu as an unreliable witness and the Shum expert evidence as unsafe, the court found the OOCL declarations referred to OOCL shares and were authentic; Dr Strach's expert conclusions were persuasive; consequently Madam Lu holds 350,000 OOCL shares on trust for J&D Industrial (HK) Limited and the shares allotted to her on capitalisation of US$1,500,000 in Liyou are held on trust for Yi Chun; orders and costs follow.

Hong Kong Case Law

BANK OF COMMUNICATIONS (HONG KONG) LTD v. CHINA FORTUNE ENTERPRISES LTD AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

YI CHUN NAVIGATION INC. v. LU WEN YUN, JENNY AND ANOTHER