Hong Kong Case Law: Decisions & Judgments

Topic

Bailiff powers

Legal area

Court

29 Feb 2016

HO MAN LAP v. HO KING KIU AND OTHERS

Citation

HO MAN LAP v. HO KING KIU AND OTHERS
Court

District Court
Case number

DCMP377/2010

The court held that a claimant of an interest arising after the making of the possession order (Chan) could not be joined under O.15 r.6 or r.10 to resist enforcement; notwithstanding that, the court exercised its power to give directions to facilitate enforcement of its possession order because obstruction by defendants and third parties prevented execution; directions authorized plaintiff and bailiff to enter specified parts of the Store to gain access to the Lot, remove barriers, request police assistance, and permitted police to arrest persons reasonably suspected of obstructing enforceme…
10 Nov 2014

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS

Citation

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
Court

Court of First Instance
Case number

HCA2086/2014

On the evidence plaintiffs demonstrated at least triable issues that they suffered particular, substantial and direct damage from the occupations; damages would be inadequate and the balance of convenience favoured continuation of the injunctions; bailiffs may be directed to assist and police may be authorised to arrest persons who obstruct bailiffs provided procedural safeguards; therefore the ex parte injunctions were continued and enforcement directions granted until trial or further order.
8 Apr 2002

Jetwise Investment Ltd. v. Net Power Ltd. and Another

Citation

Jetwise Investment Ltd. v. Net Power Ltd. and Another
Court

District Court
Case number

DCDT7570/2001

On the evidence available to the bailiff at the time of entry the seized furniture and equipment were in the apparent possession of the tenant; the claimant failed to produce the assignment and inventory to displace that prima facie position; therefore the levy of distress was lawful and the claimant's application to set aside the warrant is dismissed.

Hong Kong Case Law

HO MAN LAP v. HO KING KIU AND OTHERS

Jetwise Investment Ltd. v. Net Power Ltd. and Another