Hong Kong Case Law: Decisions & Judgments

Topic

Dispensation of personal service

Legal area

Court

17 Sept 2020

SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

Citation

[2020] HKCFI 2423
Court

Court of First Instance
Case number

HCMP208/2020

Both summonses were dismissed because SAIF GP had locus to enforce the June 2018 Order, there was no material non-disclosure affecting the grant of leave, the material established a distinctly arguable prima facie case of contempt, and it was just to dispense with personal service and a penal notice given Zhou's active participation in proceedings, representation by experienced counsel and clear awareness of the order and consequences; Zhou had also submitted to the Hong Kong court's jurisdiction making substituted service appropriate.
4 Jun 2020

SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

Citation

[2020] HKCFI 987
Court

Court of First Instance
Case number

HCMP208/2020

Because Zhou had previously submitted to the court's jurisdiction in related proceedings and was manifestly aware of the contempt application yet refused to accept service, the court held that permission to serve out was unnecessary and that, in the interests of justice and to prevent abuse/delay, personal service of the originating summons should be dispensed with and substituted service on his solicitors (MinterEllison) ordered in accordance with the draft order.
25 Oct 2005

SECRETARY FOR JUSTICE v. CHOY BING WING

Citation

SECRETARY FOR JUSTICE v. CHOY BING WING
Court

Court of First Instance
Case number

HCMP4694/2003

The court found beyond reasonable doubt that the respondent's written affirmation and oral tirade were sustained, malicious, non‑bona fide attacks on the integrity of Mr Justice Rogers that were calculated to and likely to undermine public confidence in the administration of justice; the court also found the respondent had notice of the adjourned hearing or had intentionally evaded service so dispensation of personal service was justified; accordingly the respondent was committed for contempt and a warrant was ordered to bring him before the court to answer for the contempt.
10 Nov 1999

LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS

Citation

LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS
Court

Court of First Instance
Case number

HCMP3779/1999

The court lawfully exercised its broad discretion under Rule 7 to dispense with personal service because the company and its officers already knew the terms and consequences of the order; therefore the summons to set aside the dispensation was dismissed and committal proceedings against the responsible officers may proceed.

Hong Kong Case Law

SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

SAIF PARTNERS II L.P. AND ANOTHER v. JOE ZHIXIONG ZHOU

SECRETARY FOR JUSTICE v. CHOY BING WING

LEUNG KWOK FU AND OTHERS v. CHEN KONG MIAN AND OTHERS