Hong Kong Case Law: Decisions & Judgments

Topic

Concealment

Legal area

Court

12 Apr 2016

ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN also known as MICHAEL CHEUNG AND OTHERS

Citation

ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN also known as MICHAEL CHEUNG AND OTHERS
Court

Court of Appeal
Case number

CACV77/2015

The Court of Appeal upheld the trial judge’s findings that the 1st, 2nd and 4th defendants concealed their true interest, engineered a nominee purchase and tenancy, obtained secret profits and thereby breached fiduciary duties and were liable for misrepresentation/conspiracy; the appellate court found no basis to overturn the credibility-based factual findings and dismissed the appeals.
17 Mar 2004

HKSAR v. CHOW YUK LEUNG

Citation

HKSAR v. CHOW YUK LEUNG
Court

Court of First Instance
Case number

HCMA169/2004

The magistrate properly exercised his unfettered discretion: on the balance of probabilities the claimant failed to prove a genuine leasing arrangement, retained ownership responsibilities, was aware of cross‑border trade risks, and did not take steps to prevent illicit use; therefore forfeiture of the vehicle and keys was justified and the appeal is dismissed.
11 Feb 1997

R. v. KONG HOO MING

Citation

R. v. KONG HOO MING
Court

Court of First Instance
Case number

HCMA1036/1996

The appeal is allowed because the magistrate's decisive inferences — that the appellant hid the packet and left immediately so there was no time to forget — were not supported by the evidence (which showed the appellant waited in the queue and said he forgot); absent reliable evidence on timing and concealment the conviction was unsafe and must be quashed.

Hong Kong Case Law

ALLIED SUCCESS CREATION LTD v. CHEUNG HON KUEN also known as MICHAEL CHEUNG AND OTHERS

HKSAR v. CHOW YUK LEUNG

R. v. KONG HOO MING