Hong Kong Case Law: Decisions & Judgments

Topic

Choice of counsel

Legal area

Court

29 May 2023

HKSAR v. LAI CHEE YING

Citation

[2023] HKCFI 1440
Court

Court of First Instance
Case number

HCCC51/2022

The court rejected the application for a permanent stay because the applicant failed to prove on the balance of probabilities that designated judges under NSL 44 would be biased or that executive conduct (including the NPCSC interpretation, NSC decision and immigration actions) constituted bad faith or an abuse of process sufficient to offend the court's sense of justice; statutory and constitutional safeguards, judicial oath, appointment procedures and case assignment practices ensure independence, a fair trial remains possible, and the public interest requires the prosecution to proceed.
29 Jan 2016

TIN WAN TUNG v. WONG SEE YIN AND OTHERS

Citation

TIN WAN TUNG v. WONG SEE YIN AND OTHERS
Court

Court of First Instance
Case number

HCA167/2011

The court refused the defendants' taxation review applications and maintained the previous taxation rulings: Order 62 r8D(3) and s67(5) LPO do not apply to party v party taxation; the engagement and fees of senior counsel and the hourly rates of the handling solicitors were proper and necessary given the legal and factual complexity; there was no evidential basis to disturb the taxing master's determinations.
17 Nov 2011

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS

Citation

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS
Court

Court of First Instance
Case number

HCA907/2009

Registrar refused the application for a bilingual judge because the defendants failed to demonstrate necessity: the plaintiffs counsel cannot read Chinese so translation is required in any event; parties identified approximately 80 pages of Chinese documents likely to be necessary (from an original 183); estimated translation cost and time did not justify appointing a bilingual judge; consequently translation and allocation of costs is the proportionate remedy and the application is dismissed.
23 Mar 2010

SECURITIES AND FUTURES COMMISSION v. DESCARTES INVESTMENT MANAGEMENT LTD AND OTHERS

Citation

SECURITIES AND FUTURES COMMISSION v. DESCARTES INVESTMENT MANAGEMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP796/2009

The judge decided that the case need not be tried by a bilingual judge; the parties were directed to translate the Chinese documents at the pre‑trial stage and to share the cost of translation equally (subject to the defendants' solicitors agreeing to translate only core documents); translations to be reviewed and certified as necessary; the costs of the ruling to be costs in the cause; trial fixed not before 84 days from the ruling.

Hong Kong Case Law

HKSAR v. LAI CHEE YING

TIN WAN TUNG v. WONG SEE YIN AND OTHERS

CHAN MING HUNG v. SUM CHOI WAN CHAU AND OTHERS

SECURITIES AND FUTURES COMMISSION v. DESCARTES INVESTMENT MANAGEMENT LTD AND OTHERS