Hong Kong Case Law: Decisions & Judgments

Topic

Extraterritoriality

Legal area

Court

26 Jul 2010

HKSAR v. CHAN SHING KONG AND ANOTHER

Citation

HKSAR v. CHAN SHING KONG AND ANOTHER
Court

Court of First Instance
Case number

HCMA258/2010

The magistrate erred in concluding the offence was outside Hong Kong's jurisdiction: a substantial measure of the activities constituting the alleged offence occurred in Hong Kong (including the payment), so Hong Kong courts had jurisdiction; the magistrate also erred in inviting the prosecution to appeal by way of case stated before completing the determination required by s.19(2) and in adjourning sine die without discharging the defendants or properly recording a verdict; nonetheless the appeal by way of case stated was inappropriate in the circumstances and is dismissed, and the matter is…
14 Aug 2009

LO HOM CHAU v. DIRECTOR OF MARINE

Citation

LO HOM CHAU v. DIRECTOR OF MARINE
Court

Court of First Instance
Case number

HCAL59/2009

Leave was granted only on grounds raising arguable questions of construction and statutory scope (ground 2 on whether reg 5(3) prohibits use of a Class C vessel for protest carried out by fishing, and ground 3 on whether the Director may consider external safety threats). Grounds asserting a duty to refer to the Central Government (ground 1), that reg 5(3) lacks extraterritorial effect (ground 4), and that constitutional rights extend to demonstrations outside Hong Kong (ground 5) were not reasonably arguable and were rejected. The Director may legitimately consider known facts and probabilit…
16 Jul 2007

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"

Citation

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"
Court

Court of Appeal
Case number

CACV236/2006

The court held that "beneficial owner" in HCO s.12B(4) refers to the person with legal or equitable title and the right to sell the ship; Powick's liquidation did not divest it of beneficial ownership because legal/equitable title remained vested in the company and the liquidator acts in the company's name; proceeds of a judicial sale are treated as the res so Oetker's post-sale in rem writs could be maintained against the fund; accordingly Powick's applications to set aside the writs failed and the appeals were dismissed.

Hong Kong Case Law

HKSAR v. CHAN SHING KONG AND ANOTHER

LO HOM CHAU v. DIRECTOR OF MARINE

INTERNATIONAL TRANSPORTATION SERVICE INC. v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL "LIBERTY CONTAINER"