Hong Kong Case Law: Decisions & Judgments

Topic

Compensation

Legal area

Court

29 Oct 2024

香港特別行政區訴楊振昇及另四人

Citation

[2024] HKDC 1821
Court

District Court
Case number

DCCC1053/2023

Court identified baseline sentences for each offence (triad membership 15 or 9 months depending on role; assault causing actual bodily harm 9 months; arson 36 months; failure to surrender 3 months), applied a one‑third reduction for timely guilty pleas, and then further adjusted sentences to reflect proven prosecutorial delay and individual mitigation. For less culpable participants and where delay and rehabilitation justified it, custodial terms were suspended; for serious arson the custodial element was maintained with partial concurrent execution and a compensation order imposed.
25 Jul 2024

香港特別行政區訴胡愛民

Citation

[2024] HKCFI 2605
Court

Court of First Instance
Case number

HCMA260/2023

The court concluded that the cumulative weight of surveillance footage identifying the appellant at both crime scenes, phone records linking him to a co-defendant, a contemporaneous WeChat message indicating planned action, and close post-offence interaction with the perpetrators made the only rational inference that the appellant shared the common intent and participated in the joint enterprise to commit criminal damage; therefore conviction and sentence were safe and upheld.
16 Jul 2024

HKSAR v. GURUNG KIRAN

Citation

[2024] HKCFI 2801
Court

Court of First Instance
Case number

HCMA472/2023

On rehearing the court found the magistrate properly assessed facts and mitigation, correctly treated the recent similar conviction as an aggravating factor, and adopted a reasonable starting point reduced to 3 months' imprisonment on guilty plea; the sentence was not manifestly excessive and the appeal is dismissed.
20 Feb 2023

ALLIANCE DEVELOP LTD v. DIRECTOR OF LANDS

Citation

[2023] HKLdT 12
Court

Lands Tribunal
Case number

LDLR1/2020

Tribunal applied the statutory market value test under s12(d), rejected adoption of alternative valuation definitions, analysed and selected appropriate comparables, applied multiplicative adjustments for time, location, frontage, headroom and layout, excluded unsuitable comparables, derived an adjusted unit rate and assessed the market value of the Property at $12,000,000 as at 6 December 2019.
7 Sept 2021

廖笑對地政總署署長

Citation

[2021] HKCFI 2571
Court

Court of First Instance
Case number

HCAL973/2021

The court refused leave because the applicant's grounds were not reasonably arguable: the Director lawfully relied on Cap.28 to resume the land; statutory procedures under Cap.370 govern claims for compensation and do not prevent resumption; there was no clear, unambiguous promise to found a legitimate expectation; the applicant had received provisional ex gratia and relocation payments, and precedent (Wong Wai Hing) precluded the relief sought.
11 Aug 2021

CHIU YUEN YIN previously known as CHIN SHIK SHIM v. THE DIRECTOR OF LANDS

Citation

[2021] HKLdT 57
Court

Lands Tribunal
Case number

LDLR1/2019

Court fixed pre-judgment interest at prime plus 1% from 20 January 2019 to 15 September 2020 (period up to lapse of 2nd sealed offer) and at the minimum 24-hour deposit rate from 16 September 2020 to 12 April 2021; court found applicant's rejection of sealed offers justified such that penalty applies only from lapse of sealed offer; court found no special reason to depart from compensation approach and ordered respondent to pay applicant's professional remuneration and costs from 20 January 2019; awarded costs of this decision to applicant.
23 Feb 2021

劉俊顯對劉德強

Citation

[2021] HKDC 177
Court

District Court
Case number

DCPI647/2018

General damages for the claimant's facial and orbital injury were fixed at HK$200,000 as the injuries and sequelae were materially less severe than the cited comparator; past earnings loss and MPF loss calculated at HK$8,618.74, travel HK$500 and supplements HK$1,000 were awarded; total principal damages HK$210,118.74 ordered payable by defendant with interest (general damages at 2% p.a. from 26 March 2018; other damages at 4% p.a. from 18 April 2015) and costs to the plaintiff.
25 Jan 2021

EBS v. NTC, D

Citation

[2021] HKFC 16
Court

Family Court
Case number

FCMC2128/2013

Leave to appeal and the application for a stay were dismissed because the proposed grounds were either not raised or argued at trial, lacked merit on the findings of fact (wife held significant assets and passive income), and the contested orders (payment into court as security, settlement for child's education, refusal to order sale) were within the court's jurisdiction and properly made on the evidence.
22 Jun 2020

R v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

[2020] HKCFI 1308
Court

Court of First Instance
Case number

HCAL152/2017

The applicant's systemic challenge to an Alleged Pre-Screening Policy is not reasonably arguable on the evidence; the only lawful policy is the statutory/administrative requirement of a written signification under s37X and the USM Notice; isolated incorrect decisions do not prove systemic defect; the applicant lacks sufficient interest because the Director has belatedly recognised the applicant's claim and offered compensation making the policy challenge academic; leave to apply for judicial review in respect of Decision (1) is dismissed.
14 Apr 2020

TSE SUI LUN v. DIRECTOR OF LANDS

Citation

[2020] HKLdT 12
Court

Lands Tribunal
Case number

LDLR3/2012

The Tribunal exercised its statutory discretion to fix interest at 6% per annum from the resumption date for the relevant pre-judgment periods on provisional payments and balances because the respondent had taken the stance of Prime+1% in offers; the Tribunal found the sealed and enhanced offers did not beat the awarded amounts when proper interest was included and therefore the applicants were not unreasonable to refuse them; accordingly the respondent was ordered to pay the specified interest amounts, post-judgment interest on balances until payment, professional remuneration and costs to t…