Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Disclosure of confidential information

Legal area

Court

16 Aug 2024

GREEN LIGHT MULTIPLEX CO. LTD (formerly known as GREEN LIGHT MARKETING CO. LTD and GLM INTERNATIONAL LTD) v. LAM SHI YAN

Citation

[2024] HKCFI 2101
Court

Court of First Instance
Case number

HCA2128/2015

The Employment Agreement contained implied terms of fidelity, confidentiality and not to divert business; the 1st defendant, as General Manager, owed fiduciary duties and breached them by actively procuring Abacus to appoint Pinetum and by diverting the P533 opportunity and other business, causing recoverable loss; the plaintiff was not found to have constructively dismissed the 1st defendant; damages were assessed on proved losses and set off against an allowed pro rata performance bonus; other allegations (Discovery Park, Consignment loss, some projects) were not proven.
27 Jun 2024

HKSAR v. LAU WAI YEE MONITA

Citation

[2024] HKCA 576
Court

Court of Appeal
Case number

CACC168/2023

The Court of Appeal granted leave to appeal because the applicant's grounds were reasonably arguable on central legal questions: whether the disclosure met the high seriousness threshold, whether an altruistic motive could amount to a reasonable excuse, whether the disclosure was properly categorised as nonfeasance so as to exclude motive from mens rea, whether acceptance of a retainer was sufficiently linked to misuse of public office, and whether the sentence was excessive; these issues warranted appellate determination.