16 Dec 2016
SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. CHUN NGAI JEWELLERY DESIGN CO LTD (IN COMPULSORY LIQUIDATION) AND OTHERS
- Citation
- SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE COMMISSIONER OF POLICE v. CHUN NGAI JEWELLERY DESIGN CO LTD (IN COMPULSORY LIQUIDATION) AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1362/2015
The court held the 22nd Claimant retained title to the Diamond because the invoice conditions for transfer were not satisfied and there was no effective transfer of property to C13 or Tsang prior to pawning; the defendant did not qualify as a protected bona fide acquirer under SOGO s27(2)/FO s3(1) because there was no consent evidencing mercantile agent status and the defendant did not act in good faith or sufficiently explain valuation/statutory compliance; therefore the Diamond must be returned to the 22nd Claimant.