Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enforcement of contract

Legal area

Court

16 Dec 2015

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS CO LTD

Citation

RYDER INDUSTRIES LTD (FORMERLY SAITEK LTD) v. TIMELY ELECTRONICS CO LTD
Court

Court of Final Appeal
Case number

FACV13/2015

Appeals dismissed. Applying conflict of laws principles, the court held there was no basis to deny enforcement of the Hong Kong governed contracts despite some breaches of PRC law in performance: performance was not shown to be necessarily illegal, the parties did not agree to an illegal scheme, the foreign breaches were not shown to be sufficiently serious or iniquitous to trigger the Foster/Regazzoni public‑policy bar, and the claimant did not need to rely on illegality to establish the debt; accordingly the contractual obligations and guarantor liability are enforceable in Hong Kong.
31 Oct 1995

CIANO, VILMA JOY B. v. CHEUK KAM WAN

Citation

CIANO, VILMA JOY B. v. CHEUK KAM WAN
Court

Court of First Instance
Case number

HCLA78/1995

Where performance of an employment contract is illegal enforcement depends on whether the employee was a party to or knew of the illegal performance; before applying the bar of illegality the tribunal must make specific findings on whether the employer directed the illegal performance and on the employee's knowledge; absent resolution of that issue the matter must be remitted for that limited factual determination.