Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Illegality/illegal contract
  • 23 Aug 2016

    CHINA GAS HOLDINGS LTD v. LI XIAO YUN AND ANOTHER

    Citation
    CHINA GAS HOLDINGS LTD v. LI XIAO YUN AND ANOTHER
    Court
    Court of Final Appeal
    Case number
    FAMV15/2016

    Leave to appeal was refused because the application was not reasonably arguable: the questions raised rested on the erroneous premise that the effect of PRC provisions was a pure question of law for the court to decide without regard to expert evidence, or improperly invited the Court to re‑try and re‑assess expert evidence; the Court of Appeal properly gave weight to and relied on expert evidence that Circular 78 did not apply to the transactions and persons in issue, and its conclusions on foreign law are evidential and not binding precedent; additionally Circular 78 has been repealed reduc…