Hong Kong Case Law: Decisions & Judgments

Topic

Evidence of foreign law

Legal area

Court

22 Oct 2008

OTC INTERNATIONAL AG v. PERFECT RECOVERY LTD AND ANOTHER

Citation

OTC INTERNATIONAL AG v. PERFECT RECOVERY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCL11/2007

The court varied the previous order nisi: it held that the German law evidence exercise did not assist the substantive decision and therefore excluded from the costs order those costs relating to obtaining and filing expert evidence as to German law and excluded costs of the plaintiff's variation application; but upheld that the costs of the 1st defendant's stay application (including hearings on 22 January 2008 and 10 June 2008) are to be paid by the plaintiff to the 1st defendant, taxed if not agreed.
16 Jun 2004

FULL WISDOM HOLDINGS LTD AND OTHERS v. TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS

Citation

FULL WISDOM HOLDINGS LTD AND OTHERS v. TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV266/2003

Appeal dismissed. The Court held the personal defendants failed to establish a triable defence: the State Council Notice did not incontrovertibly render the Joint Venture Contracts void ab initio; the PRC legal opinion and Mr Albert's opinions lacked sufficient analysis and credibility; and section 501 of the Indenture and the Share Mortgage preserved the plaintiffs' enforcement rights. Summary judgment below was correctly granted.
21 Jan 2003

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER

Citation

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER
Court

Court of First Instance
Case number

HCAL134/2002

On undisputed facts that the applicant was not the natural child of the adoptive parent and that this was not disclosed in the OWP application, the non-disclosure concerned a material particular because, at the material time, adopted children lacked an administrative mechanism to obtain OWPs; therefore the OWP was unlawfully obtained under s.42 and permission to remain was null; Director lawfully made the removal order; Tribunal did not err in procedure or in applying burden and standard of proof (civil balance of probabilities).
25 Oct 2002

THE INDUSTRIAL & COMMERCIAL BANK OF CHINA, SHENZHEN BRANCH v. NEW INTERNATIONAL (GROUPS) LTD.

Citation

THE INDUSTRIAL & COMMERCIAL BANK OF CHINA, SHENZHEN BRANCH v. NEW INTERNATIONAL (GROUPS) LTD.
Court

Court of First Instance
Case number

HCA18944/1998

Summary judgment was properly entered and is affirmed because Hong Kong had jurisdiction by service and defendant's participation; the defendant failed to discharge the burden to prove that the Loan Agreement was invalid under PRC law or that it had no personal liability as agent; allegations were bare and unparticularized; payments by the defendant evidenced liability; post-judgment recovery by the plaintiff does not vitiate the judgment; stay pending appeal was not justified.
1 Jun 1993

Chan Kam Hung v. Light Limited

Citation

Chan Kam Hung v. Light Limited
Court

District Court
Case number

DCCJ16919/1992

On the facts the court found an implied acceptance of title by the plaintiff on 2 July 1992 when the engrossment was submitted without further effective reservations; because the decisive requisition concerning Digital's capacity was raised after that acceptance, the defendant was entitled to treat the contract as completed and to forfeit the deposit. Alternatively, absent acceptance, the defendant would still have failed to answer satisfactorily the timely requisition because no evidence of Swiss law was produced to establish Digital's capacity, and the defendant should have obtained such ev…
25 Mar 1987

LAWRENCE LOUIS LEVY v. ATTORNEY GENERAL

Citation

LAWRENCE LOUIS LEVY v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV8/1987

The Court held that the magistrate must assess the conduct established by the evidence and decide whether that conduct, if it had occurred in Hong Kong/England, would constitute an extraditable offence listed in the domestic schedule; the magistrate need not consider the foreign state's substantive criminal law; applying Nielsen and McCaffery, the committal was lawful and the appeal is dismissed, subject to modifying the magistrate's order to remove findings purporting to state the foreign law's offences.

Hong Kong Case Law

OTC INTERNATIONAL AG v. PERFECT RECOVERY LTD AND ANOTHER

FULL WISDOM HOLDINGS LTD AND OTHERS v. TRAFFIC STREAM INFRASTRUCTURE CO LTD AND OTHERS

LUI HAU MAN v. DIRECTOR OF IMMIGRATION & ANOTHER

THE INDUSTRIAL & COMMERCIAL BANK OF CHINA, SHENZHEN BRANCH v. NEW INTERNATIONAL (GROUPS) LTD.

Chan Kam Hung v. Light Limited

LAWRENCE LOUIS LEVY v. ATTORNEY GENERAL