Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of tribunal orders

Legal area

Court

8 Jul 2025

SIN CHAN KAM 對 THE INCORPORATED OWNERS OF WAI SUN BUILDING

Citation

[2025] HKCA 637
Court

Court of Appeal
Case number

CAMP24/2025

The Court held that the Land Tribunal has power to punish contempt under s10(1A) and that appeals concerning contempt are governed by HCO s50(1); notwithstanding that s50(1) may render leave unnecessary, the Court granted leave because the respondent demonstrated arguable errors of law: the trial judge either failed to consider the respondent's ability to comply with the mandatory injunction or failed to state clearly that finding, thereby giving the appeal a real prospect of success; costs reserved to the appeal hearing.
14 Jun 2024

L v. R

Citation

[2024] HKCFI 1611
Court

Court of First Instance
Case number

HCCT87/2023

The court refused to set aside the Service Out Order because L established a serious question to be tried: the Settlement Agreement is to be treated as an award under s66(2) for enforcement purposes and PO 7 amounted to a final termination of the arbitration with costs, there was no material non-disclosure and substituted service was justified; accordingly R's summons was dismissed and costs were awarded to L on an indemnity basis.
28 May 2024

W v. CONTRACTOR

Citation

[2024] HKCFI 1452
Court

Court of First Instance
Case number

HCCT103/2023

The interim injunction granted by the arbitrator was interlocutory in substance and did not constitute an "award" within the meaning of Schedule 2 permitting an appeal on a question of law; accordingly leave to appeal under section 6 was not available and the application for leave was dismissed; costs awarded to the Main Contractor on an indemnity basis.
22 Feb 2018

SECURITIES AND FUTURES COMMISSION v. CHEONG KAI TJIEH AUGUSTINE AND ANOTHER

Citation

[2018] HKCFI 437
Court

Court of First Instance
Case number

HCA2269/2012

Section 49 of the High Court Ordinance applies to the registered order of the Market Misconduct Tribunal so that the statutory judgment interest rate runs from the date of the Tribunal's order; the court will make the revised consent order updating interest to the hearing date but interest will continue to accrue until the date of actual transfer to the administrator; consent orders of this nature should normally be the subject of a short court hearing to ensure appropriateness.
18 Oct 2011

RE EASY CONCEPTS INTERNATIONAL HOLDINGS LTD

Citation

RE EASY CONCEPTS INTERNATIONAL HOLDINGS LTD
Court

Court of First Instance
Case number

HCMP327/2006

The Tribunal's decision-making powers under the Ordinance do not amount to an exercise of judicial power under the Basic Law; section 29 and Rule 2 provide for registration by the Registrar and do not vest enforcement power in the Tribunal; enforcement provisions are separable from decision-making provisions; the Court had no jurisdiction to stay or strike out the already registered order on the material before it; the applicants failed to discharge the required standard of proof and their application is dismissed.
6 Oct 1989

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY

Citation

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY
Court

Court of First Instance
Case number

HCLA21/1989

The Presiding Officer's summary rejection of the appellant's explanation and immediate proceeding ex parte, thereby barring the appellant from defending, was manifestly unfair and a breach of natural justice; the security/order under s.30 was at least dubiously invoked and could not justify shutting out the defence, so the award was set aside and the matter remitted for a de novo hearing before a different presiding officer.

Hong Kong Case Law

SIN CHAN KAM 對 THE INCORPORATED OWNERS OF WAI SUN BUILDING

L v. R

W v. CONTRACTOR

SECURITIES AND FUTURES COMMISSION v. CHEONG KAI TJIEH AUGUSTINE AND ANOTHER

RE EASY CONCEPTS INTERNATIONAL HOLDINGS LTD

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY