Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bill of sale registration
  • 2 Dec 2009

    RE HANG FUNG JEWELLERY CO LTD

    Citation
    RE HANG FUNG JEWELLERY CO LTD
    Court
    Court of First Instance
    Case number
    HCCW503/2008

    The Court held the cargo receipt constituted an attornment effecting constructive delivery and thereby completed a valid pledge in favour of the Bank over the 40 identified gold bars; although the cargo receipt would otherwise be an assurance of chattels (and thus a bill of sale), it fell within the statutory exception as a document used in the ordinary course of business as proof of possession or control of goods and therefore did not require registration; accordingly the pledge was valid and the Bank was entitled to apply the proceeds of sale to discharge the indebtedness. The Pledge and Tr…

  • 27 Jul 1973

    REMINWAH TEXTILE LTD

    Citation
    REMINWAH TEXTILE LTD
    Court
    Court of First Instance
    Case number
    HCMP217/1973

    Because Minwah Textile Limited was not a party to the original bill of sale, the Registrar's reliance on non‑registration under the Bill of Sale Ordinance did not defeat the claimants' proprietary title; the Court therefore granted extension of time and leave to appeal, allowed the appeal, set aside the Registrar's decision and rescinded the order for sale; claimants entitled to succeed subject to limited costs for watchmen's fees.

  • 27 Jul 1973

    RE MINWAH TEXTILE LTD

    Citation
    RE MINWAH TEXTILE LTD
    Court
    Court of First Instance
    Case number
    HCMP218/1973

    Because Minwah Textile Limited was not a party to the original bill of sale (which left ownership with Madam Chiu and thereafter Mr. Cheung), the Registrar's dismissal based on non‑registration was misplaced; the court therefore granted extension of time and leave to appeal, allowed the appeal, set aside the Registrar's decision and rescinded the order for sale.