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Hong Kong decisions
Decisions matching the current search
The court dismissed a judicial review challenge to disciplinary proceedings, holding there was no apparent bias, no procedural unfairness from disclosure, and no irrationality.
The court joined Jean-Marc Peretti as a defendant, refused defendants’ interpleader relief, ordered further disclosure, delivery up to an independent custodian, and payment of proceeds into court.
The Court approved a Carecraft settlement in a section 214 SFO petition, ordering a five-year disqualification and HK$4 million compensation against Zhang Wei.
Pre-trial ruling in an insider dealing case on disclosure and privilege. The court held the prosecution’s disclosure duty is limited to possession or control and rejected MLFE’s privilege claim.
Bail pending appeal was granted because the court could not conclude at the bail stage that the amended grounds were not reasonably arguable, there had been a substantive change in circumstances since the first refusal, and the combination of the time factor (possible completion of the sentence before appeal hearing) and humanitarian considerations (age and health) made continued detention unfair; the court will determine bail conditions after hearing submissions.
Source excerpt
Relief from the penalty clause is refused because the applicant failed to provide any adequate explanation for non‑compliance with the unless order, her conduct indicates deliberate or culpable refusal to attend the medical examination and to disclose requested medical records, the respondent suffered real prejudice and wasted costs and time, and case management and fairness to the respondent require enforcement of the unless order and the costs order.
Source excerpt
Commercial lease dispute over Covid-related relocation: the court found the plaintiff had affirmed the agreements, rejected much of its loss claim, and ordered a net payment after set-off.
The Court of First Instance varied domestic and worldwide Mareva injunctions to allow HK$762,830 to be paid out for the 1st Defendant’s legal costs, subject to conditions.
The Court of Final Appeal restored convictions for conspiracy to defraud over concealed bond placement arrangements, holding the Gransing/CISL structure was dishonest and that sham was not required.
The court granted narrowed specific discovery for documents about the Taipei property and dismissed the competing summons, awarding indemnity costs to Bina.
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