Hong Kong Case Law: Decisions & Judgments

Topic

Breach of injunction

Legal area

Court

19 Dec 2023

CHIN CHOON ONN AND ANOTHER v. LAI SUM HUNG AND OTHERS

Citation

[2024] HKCFI 108
Court

Court of First Instance
Case number

HCA1227/2022

The court ordered monthly disclosure of Wang Fat rental income (with specified wording changes) because monthly reporting is timely and matches rental payment cycles; the 1st defendant must disclose detailed particulars and supporting documents for the $600,000 cash withdrawal as set out in Exhibit LSH-7 because there is a prima facie case it was not in the ordinary course of business; release from the implied undertaking was granted save as to costs; and the plaintiffs' costs of the amended summons were summarily assessed at HKD 280,000 payable by the 1st defendant by 2 January 2024.
18 Oct 2023

KMH, KMKT, AND KMCJ, THE COMMITTEE OF THE ESTATE OF KCC, a mentally incapacitated person (PURSUANT TO THE ORDER MADE BY DEPUTY HIGH COURT JUDGE H. AU-YEUNG ON 19 JUNE 2023 UNDER PART II OF THE MENTAL HEALTH ORDINANCE, CAP 136) v. LAM HO CHI

Citation

[2023] HKCFI 2714
Court

Court of First Instance
Case number

HCMP1338/2023

Substituted service was valid in the circumstances; the Disclosure Order was clear and unambiguous; the defendant was made aware of the Order yet failed to comply with the written disclosure and affidavit requirements; the failure was deliberate and not accidental and the plaintiff proved contempt beyond reasonable doubt; accordingly the defendant is guilty of civil contempt and a warrant for arrest is to issue for him to be brought before the court for sentence; costs are awarded on an indemnity basis.
18 Aug 2023

SECRETARY FOR JUSTICE v. YEUNG HIN WUN

Citation

[2023] HKCFI 1029
Court

Court of First Instance
Case number

HCMP674/2022

Balancing the need to enforce the injunction and deter breaches against the Defendant's remorse, cooperation, youth, good character and the inordinate delay in bringing proceedings, the appropriate, proportionate sanction was two months' imprisonment suspended for 12 months together with a contribution of HK$80,000 towards the SJ's costs; the breach was aggravated by misuse of access as a service provider and the substantial immediate harm caused to the victims.
17 Oct 2022

SECRETARY FOR JUSTICE v. CHAN PO HONG

Citation

[2022] HKCFI 1468
Court

Court of First Instance
Case number

HCMP2199/2021

Although breaches of the Judges Doxxing Injunction ordinarily attract immediate custodial sentences to deter attacks on the administration of justice, the court suspended a short custodial sentence (14 days) for 12 months because the defendant played a minor role, was a 17‑year‑old with ASD at the time, demonstrated genuine remorse and rehabilitation, and because delay and parallel criminal proceedings mitigated the appropriate immediate punitive response.
4 Aug 2021

CHINA SHANSHUI CEMENT GROUP LTD AND OTHERS v. ZHANG CAIKUI AND ANOTHER

Citation

[2021] HKCA 1139
Court

Court of Appeal
Case number

CACV271/2018

The Court of Appeal held the evidence, including the circumstances of removal of records, remaining missing items (notably the data server and four specified items), the defendants' conduct and failure to assist, and admissible inferences from withheld evidence, supported contempt convictions beyond reasonable doubt; adverse inferences were permissible but were not the sole basis for conviction; orders and injunctions were properly construed to include holding out as directors; the sentences imposed were appropriate and not manifestly excessive, so the appeal was dismissed.
16 Mar 2021

SECRETARY FOR JUSTICE v. CHIN PO FUN

Citation

[2021] HKCFI 598
Court

Court of First Instance
Case number

HCMP231/2020

The defendant intentionally and persistently disobeyed a widely publicized injunction and ignored repeated on‑site warnings, thereby interfering with bailiffs and the administration of justice; this conduct warranted a custodial sentence to achieve deterrence, but considering guilty plea, remorse, limited role, short duration and absence of violence the court imposed 30 days' imprisonment and exercised discretion to suspend it for 12 months on condition of no further criminal contempt or imprisonable offences; costs of HK$400,000 were awarded to the plaintiff.
29 Dec 2020

SECRETARY FOR JUSTICE v. YIU KA YU

Citation

[2020] HKCFI 3148
Court

Court of First Instance
Case number

HCMP1068/2020

Breaching an injunction by publishing personal data in a large public forum warrants imprisonment as the starting point, but where strong mitigating factors (youth, remorse, early admission, cooperation, lack of record, one-off impulsive conduct and serious adverse consequences already suffered by defendant) justify it, the appropriate disposal is a short custodial sentence suspended for a specified period; costs may be ordered as a contribution where Legal Aid has been granted.
28 Dec 2020

SECRETARY FOR JUSTICE v. CHAN KIN CHUNG

Citation

[2020] HKCFI 3147
Court

Court of First Instance
Case number

HCMP744/2020

Defendant committed a deliberate and reckless breach of the court's Doxxing Injunction by publicly posting extensive personal data of a police officer and his family on Facebook; the aggravating nature of public dissemination, inclusion of family members, and evidential admission outweighed mitigation (remorse, deletion, cooperation, financial means) and warranted immediate short custodial imprisonment of 21 days to vindicate the court's authority and deter similar conduct; costs contribution ordered given success of SJ.
10 Sept 2020

陳玉屏 v. LIEW SHUK FUI

Citation

[2020] HKDC 779
Court

District Court
Case number

DCMP720/2020

Evidence (affirmations and photographs) proved beyond reasonable doubt that the defendant repeatedly breached the injunction; given her established evasion of service substituted service was proper; consequently an order of committal was made but, because the defendant did not appear, the court issued a warrant for arrest to bring her before the court instead of imposing immediate punishment, and reserved costs.
13 Dec 2019

張月清 v. TSUI YIU HEI

Citation

[2019] HKCFI 2970
Court

Court of First Instance
Case number

HCMP602/2019

On the evidence the defendant intentionally caused the criminal report and filed the 2017 and 2018 PRC applications, acting in the name or interest of the PRC Subsidiary and claiming to be its beneficial owner, thereby breaching §5c(ii) of the Final Injunction; by contrast the Assignment of Debt was the defendant's personal copy and §6b did not plainly require production of a private copy, so contempt on that charge was not proved beyond reasonable doubt.