Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hearsay evidence (deceased witness)

  • 11 Nov 2025

    LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. JOLLIDA ENTERPRISES LTD AND OTHERS

    Citation
    [2025] HKCFI 5484
    Court
    Court of First Instance
    Case number
    HCA2428/2015

    The court found the plaintiff's case undermined by the deceased's contemporaneous sworn divorce disclosures (Form E) and by the overall pattern of shareholdings and contemporaneous board minutes and documents; the defendants' account that the allotments and transfers were intended as gifts was accepted as the more credible explanation of events and intention; common intention constructive trust could not be relied on as it was not pleaded; the untested hearsay evidence of the deceased was given limited weight and was insufficient to displace documentary and contemporaneous evidence, therefore…

    • Resulting trust
    • Constructive trust
    • Inter vivos gift
    • Beneficial ownership
    • Hearsay evidence (deceased witness)
    • Inconsistent litigation positions (form e)

  • 11 Nov 2025

    LAM KIT LAN CYNTHIA AND LAM CHI WAI ADRIAN appointed by Order dated 12th April 2021 to represent the estate of Lam Hon Keung Keith, since deceased v. LAM CHI TAT ANTHONY AND OTHERS

    Citation
    [2025] HKCFI 5484
    Court
    Court of First Instance
    Case number
    HCA725/2015

    The court found the respondents' gift explanation inherently more credible and better supported by contemporaneous documents, the pattern of shareholdings, board resolutions, and the deceased's sworn positions in the earlier divorce proceedings. The deceased's untested post‑hoc assertions were outweighed by prior sworn statements, conduct, and documentary evidence. Common intention constructive trust was not available on the pleaded case. Accordingly the claimant failed to show the transfers/allotments were held on trust and the claims were dismissed.

    • Resulting trust
    • Common intention constructive trust
    • Gifts vs trusts
    • Beneficial ownership of shares
    • Share transfers and allotments
    • Hearsay evidence (deceased witness)