Hong Kong Case Law: Decisions & Judgments

Topic

Connivance

Legal area

Court

31 Jul 2017

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

Citation

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS
Court

Court of First Instance
Case number

HCA1062/2012

The plaintiffs failed to produce compelling primary evidence that Mr Ma had actual knowledge of, or actively participated in, the unauthorised loans, pledges, dissipation of cash, misappropriations or wrongful transfers; discrepancies could be explained by concealment at subsidiary level and alternative documentary versions; estoppel defence failed but does not alter fact Mr Ma lacked evidence of knowledge; circumstantial inferences urged by plaintiffs were not sufficiently grounded in primary facts to satisfy the heightened evidential requirement for serious allegations, therefore all pleade…
5 Jun 2012

HKSAR v. LI FUNG CHING CATHERINE

Citation

HKSAR v. LI FUNG CHING CATHERINE
Court

Court of Final Appeal
Case number

FAMC4/2012

Financial difficulty does not constitute a reasonable excuse for deliberately failing to pay wages; a director who remains in position, has responsibility for company operations and takes no steps to prevent an announced course of withholding wages can be found to have consented to, connived in, or been neglectful under s.64B(1) as a matter of fact, even if she claims to have dissented at an informal or unminuted meeting.
19 Dec 1980

KEESON SHUM v. THE MEDICAL COUNCIL OF HONG KONG

Citation

KEESON SHUM v. THE MEDICAL COUNCIL OF HONG KONG
Court

Court of Appeal
Case number

CACV73/1980

Supplying detailed professional information for an association file with knowledge it could be published constituted an active step amounting to connivance; delegating oversight to an associate did not absolve the practitioner; the Council's factual finding met the required standard and the appeal must be dismissed.
20 Apr 1972

YUE SHUN MEEN-KUN, MARIAN v. YUE (or YU) or (U) TUNG SANG, STEPHEN

Citation

YUE SHUN MEEN-KUN, MARIAN v. YUE (or YU) or (U) TUNG SANG, STEPHEN
Court

Court of First Instance
Case number

HCA77/1971

The affidavit filed was insufficient because it failed to set out the grounds and relevant circumstances (including the parties' means and matters relevant to connivance, condonation or collusion); accordingly the application must be adjourned for the filing of further evidence sufficient to enable the court to assess fairness and the absence of collusion.
28 Dec 1968

ANTHONY EDWARD HOME PHILIPS v. HANNEDORE GUDRUN PHILIPS

Citation

ANTHONY EDWARD HOME PHILIPS v. HANNEDORE GUDRUN PHILIPS
Court

Court of First Instance
Case number

HCMC140/1968

Where the petitioner has made reasonable enquiries, the respondent has given a clear written confession but refuses to name the alleged adulterer, there is no evidence of a false case or connivance and further inquiry would be unduly burdensome or futile given the parties' residence differences, the court may order that the unnamed alleged adulterer not be made a co-respondent; the Assistant Registrar's refusal was therefore reversed.

Hong Kong Case Law

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

HKSAR v. LI FUNG CHING CATHERINE

KEESON SHUM v. THE MEDICAL COUNCIL OF HONG KONG

YUE SHUN MEEN-KUN, MARIAN v. YUE (or YU) or (U) TUNG SANG, STEPHEN

ANTHONY EDWARD HOME PHILIPS v. HANNEDORE GUDRUN PHILIPS