Hong Kong Case Law: Decisions & Judgments

Topic

Fraudulent conspiracy

Legal area

Court

2 Mar 2026

ALLIED WELI DEVELOPMENT LTD (In Liquidation) v. CHUANG YUE-CHIEN EUGENE AND OTHERS

Citation

[2026] HKCFI 1251
Court

Court of First Instance
Case number

HCA57/2018

The Deputy Judge correctly applied legal principles governing pleading of fraud and director liability, concluded the RASoC contained sufficient circumstantial averments and particulars to give fair notice and to disclose reasonable causes of action, exercised discretion not to strike out alternative pleas in the unique factual context, and therefore there was no reasonable prospect of success on the proposed appeals; accordingly leave to appeal and any stay or extension were refused and costs were ordered to the plaintiff.
22 May 2015

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

Citation

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS
Court

Court of First Instance
Case number

HCA1062/2012

The application to strike out was dismissed because the statement of claim, read as a whole, pleaded acts and particulars (misappropriation, conversion, obstruction and breaches of fiduciary duty) from which it was open on the balance of probabilities to infer the 2nd defendant's involvement in a fraudulent conspiracy; the Registrar's unless order did not operate as an absolute bar to interlocutory applications in the circumstances; delay in bringing the strike‑out application was noted but insufficient to justify striking out.
15 Dec 2010

CHEUNG YING LUN AND ANOTHER v. KARRIE TRADING LTD AND OTHERS

Citation

CHEUNG YING LUN AND ANOTHER v. KARRIE TRADING LTD AND OTHERS
Court

Court of First Instance
Case number

HCA550/2010

The court dismissed the defendants' applications to strike out the statements of claim because, taking the pleaded facts at their highest, they disclosed arguable causes of action including fraud, conspiracy and knowing receipt; the issues are evidence‑sensitive and require trial; it was not a plain and obvious case to strike out. Costs were ordered to follow the event, to be taxed if not agreed, with a certificate for two counsel (order nisi).
28 Oct 1993

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others

Citation

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others
Court

Court of Appeal
Case number

CACV88/1993

The Court held the trial judge properly exercised his discretion to consolidate: the whole history was materially relevant to the tracing claims and allegations of bribe, earlier indebtedness and intent; no misdirection or improper consideration was shown; consolidation was justified and must stand.
28 Oct 1993

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others

Citation

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others
Court

Court of Appeal
Case number

CACV87/1993

The Court held Mortimer J properly exercised his discretionary power to consolidate the ten actions because the whole history of dealings, including earlier loans, alleged bribes and conspiracies, was materially relevant to the tracing and constructive trust claims arising from the US$40m loan; appellants had conceded relevance of bribery and conspiracy issues and no misdirection or failure to consider relevant matters was shown, therefore consolidation was justified.
11 Mar 1987

INTERCONTINENTAL HOUSING DEVELOPMENT LTD v. WANFONG NOMINEES LTD

Citation

INTERCONTINENTAL HOUSING DEVELOPMENT LTD v. WANFONG NOMINEES LTD
Court

Court of Appeal
Case number

CACV11/1987

The Court held that the pleaded facts supported a reasonable inference that the 6th defendant had knowledge of the fraudulent conspiracy and therefore the amended points of claim disclosed a reasonable cause of action; the appeal was dismissed.
12 Mar 1986

GOOD YEAR IMPORT AND EXPORT v. YIU FUNG COLD STORAGE AND WAREHOUSING LIMITED AND ANOTHER

Citation

GOOD YEAR IMPORT AND EXPORT v. YIU FUNG COLD STORAGE AND WAREHOUSING LIMITED AND ANOTHER
Court

Court of First Instance
Case number

HCA4957/1980

The court exercised its discretion to refuse leave to re-amend because the proposed amendment would introduce a new, vague fraud-based claim after long delay, creating substantial injustice and prejudice to the 2nd Defendant (including inability to know the case to meet and to recall events nearly six years old) which could not be remedied by costs and might circumvent limitation considerations.

Hong Kong Case Law

ALLIED WELI DEVELOPMENT LTD (In Liquidation) v. CHUANG YUE-CHIEN EUGENE AND OTHERS

CHINACAST EDUCATION CORPORATION AND OTHERS v. CHAN TZE NGON AND OTHERS

CHEUNG YING LUN AND ANOTHER v. KARRIE TRADING LTD AND OTHERS

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others

BBMB FINANCE (HONG KONG) LTD. and Others v. LORRAIN ESME OSMAN and Others

INTERCONTINENTAL HOUSING DEVELOPMENT LTD v. WANFONG NOMINEES LTD

GOOD YEAR IMPORT AND EXPORT v. YIU FUNG COLD STORAGE AND WAREHOUSING LIMITED AND ANOTHER