Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Gifts vs loans
  • 30 Mar 2026

    TANG SIU MING v. YANG XUEMEI

    Citation
    [2026] HKDC 477
    Court
    District Court
    Case number
    DCCJ4087/2022

    The judge preferred the defendant's evidence on credibility and found the pattern, frequency and informal manner of repeated advancements, together with absence of written proof or clear contemporaneous terms, established on the balance of probabilities that the payments were voluntary gifts and not loans; accordingly the plaintiff's claim was dismissed and costs ordered against him.

  • 11 Nov 2024

    于 對 戴

    Citation
    [2024] HKFC 200
    Court
    Family Court
    Case number
    FCMC550/2021

    Court determined total net family assets at HK$5,953,809.23, rejected applicant's claim that HK$861,700 from her parents was a repayable debt (holding it to be gift/soft loan) and therefore excluded it from liabilities, applied the sharing principle but departed from equal split because applicant had higher future needs, greater contribution in childcare and respondent had greater earning capacity and pre-marital mainland asset; awarded applicant 55% (~HK$3,274,595) and ordered specific sale of the marital home with net payment of HK$3,150,000 to be paid to applicant via Legal Aid and other a…