Hong Kong Case Law: Decisions & Judgments

Topic

Cheque discounting

Legal area

Court

15 Jan 2021

AU YIN PIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

Citation

[2021] HKCFI 120
Court

Court of First Instance
Case number

HCA2566/2014

The court preferred the evidence of the Mother, AYP and APC on the primary factual disputes, found that the Company owed the amounts pleaded to the Mother and AYP and that AWC personally undertook or guaranteed repayment by his cheques, and found that the Company’s claim against APC was defeated by the set-off/cheque discounting arrangement; accordingly judgment was entered for the Mother and AYP and the Company's claim was dismissed.
15 Jan 2021

SHUN SENG HOP YICK KNITTING FACTORY LTD v. AU PIU CHOR

Citation

[2021] HKCFI 120
Court

Court of First Instance
Case number

HCA2929/2015

On the balance of probabilities the court accepted the evidence and contemporaneous accounting records produced by the Mother, AYP and APC, found AWC's alternative explanations improbable, held that AWC personally undertook/guaranteed repayment by issuing personal cheques in January 2011 and that the Company owed the pleaded debts to the Mother and AYP; the Company's claim against APC failed because the cheque discounting arrangement and set-off agreement, as proved, discharged the asserted liability to the Company.
15 Jan 2021

CHEUNG SIU LIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

Citation

[2021] HKCFI 120
Court

Court of First Instance
Case number

HCA360/2016

On the balance of all evidence the court preferred the contemporaneous accounting records, the unpresented cheques and witness evidence of the Mother, AYP and APC over the account and explanations of the Company and AWC, finding that the Mother and AYP had extended loans to the Company, that AWC gave a personal undertaking evidenced by his cheques and is liable to the same extent, and that APC's set-off/cheque discounting arrangement justified dismissal of the Company's claim against him.
15 Jan 2021

AU YIN PIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

Citation

[2021] HKCFI 120
Court

Court of First Instance
Case number

HCA359/2016

On the balance of probabilities the court preferred the evidence of the Mother, AYP and APC over that of AWC and the Company; contemporaneous accounting records, cheque payments and witness evidence established that the Company owed the Mother HK$1,660,000 and AYP HK$2,668,109.38 and that AWC personally undertook/guaranteed repayment by his cheques; the Company's claim against APC was defeated by the proved cheque discounting arrangement and Set-off Agreement and the Company’s repayment of the mortgage as set-off.
16 Aug 1995

EDWARD WONG CREDIT LIMITED v. PEARLY STRATEGY LIMITED trading as LEADERTRONICS COMPANY

Citation

EDWARD WONG CREDIT LIMITED v. PEARLY STRATEGY LIMITED trading as LEADERTRONICS COMPANY
Court

Court of First Instance
Case number

HCA3305/1995

The plaintiff did not have actual, constructive or other notice of any defect in Koven's title at the time the cheques were negotiated to it; no reasonable further inquiry would have revealed the fraud; accordingly the defendant has no arguable defence and the plaintiff is entitled to final judgment on the cheques.
25 Feb 1988

THE QUEEN v. CHAN KING YEE

Citation

THE QUEEN v. CHAN KING YEE
Court

Court of Appeal
Case number

CACC561/1987

The Court held that although the offending warranted a substantial custodial sentence, the trial judge failed to give sufficient allowance for mitigating factors (early guilty plea, full cooperation, substantial delay and partial repayment); applying proper approach the concurrent sentences of 3 years should be reduced to 2 years' imprisonment on all counts.

Hong Kong Case Law

AU YIN PIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

SHUN SENG HOP YICK KNITTING FACTORY LTD v. AU PIU CHOR

CHEUNG SIU LIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

AU YIN PIN v. SHUN SENG HOP YICK KNITTING FACTORY LTD AND ANOTHER

EDWARD WONG CREDIT LIMITED v. PEARLY STRATEGY LIMITED trading as LEADERTRONICS COMPANY

THE QUEEN v. CHAN KING YEE