Hong Kong Case Law: Decisions & Judgments

Topic

Licence transfer

Legal area

Court

16 Nov 2020

LIN GUIFEI, the administratrix of the ESTATE OF LEE KIN WAH, deceased v. THE SECRETARY FOR HOME AFFAIRS

Citation

[2020] HKCFI 2888
Court

Court of First Instance
Case number

HCAL1102/2020

The leave application is dismissed because the New MJTK Licence was granted as a new personal licence (not a transfer), the licence is non‑transferrable under the prescribed licence condition and Gambling Ordinance, the Applicant lacks standing to litigate the Licensing Authority's exercise of discretion on policy factors not pleaded, the application was substantially delayed without acceptable explanation, and the intended challenge has no realistic prospect of success.
20 Sept 2016

CAI YI RUI formerly known as CHOI CHI FUNG v. CHATEAU CELLAR LIMITED

Citation

CAI YI RUI formerly known as CHOI CHI FUNG v. CHATEAU CELLAR LIMITED
Court

Court of First Instance
Case number

HCA1583/2014

The court found on the balance of probabilities that the seller had obtained oral landlord approval and had provided the Lease to the buyer; the buyer did not prove that the seller made a misrepresentation, fraudulent or otherwise, nor that the seller breached Clause 5 or repudiated the Agreement; accordingly the buyer failed to discharge the burden of proof and the counterclaim was dismissed.
14 Jul 2016

MARTNOK THANRADEE v. COMMISSIONER OF POLICE AND ANOTHER

Citation

MARTNOK THANRADEE v. COMMISSIONER OF POLICE AND ANOTHER
Court

Court of First Instance
Case number

HCA789/2011

The discovery application was dismissed because the defendants had already admitted that the Board notified the police on 19 April 2006 and the material sought was therefore not necessary or meaningfully probative; the Application Form was shown to be in the police file at relevant times, so disclosure would not alter the evidential position. The plaintiff must pay the defendants' costs of the application with legal aid taxation of the plaintiff's own costs; hearing time of 35 minutes is apportioned to the application.
24 Dec 2012

CHU WING LEE v. LI CHUI HEUNG

Citation

CHU WING LEE v. LI CHUI HEUNG
Court

District Court
Case number

DCCJ1174/2010

The court found the third party was not liable: the licence transfer was a condition to be performed after full payment, full payment occurred only in mid‑October 2009, the third party executed the transfer within a reasonable time thereafter, the defendant failed to take required steps under FEHD procedure and the loss claimed was too remote and not within the parties' contemplation; hence the defendant's claim against the third party is dismissed.
25 Aug 2010

BAYNHAM, PAUL AND ANOTHER v. THE MUNICIPAL SERVICES APPEALS BOARD AND ANOTHER

Citation

BAYNHAM, PAUL AND ANOTHER v. THE MUNICIPAL SERVICES APPEALS BOARD AND ANOTHER
Court

Court of First Instance
Case number

HCAL71/2010

Where a licensing authority is under a duty to consider an application to transfer a licence it cannot simply refuse to consider the matter because the current licence-holder withholds consent; the LLB erred in treating the licence as cancelled without considering transfer under DCLR r.22 and DCO s.7(1)(b)(ii), and the MSAB erred in holding it lacked jurisdiction to review such a refusal to consider; remedy is quashing of the cancellation and remittal with directions including a limited renewal to avoid frustration of effective relief.
25 Aug 2010

BAYNHAM, PAUL AND ANOTHER v. LIQUOR LICENCING BOARD

Citation

BAYNHAM, PAUL AND ANOTHER v. LIQUOR LICENCING BOARD
Court

Court of First Instance
Case number

HCAL38/2010

The court held the LLB erred in treating the licence as cancelled without considering the duty to consider a transfer under DCLR r.22; the LLB has power to consider transfers even in absence of the current holder's consent and must not fetter that discretion; the MSAB erred in ruling it lacked jurisdiction because a refusal to consider is an administrative decision; both decisions were quashed and the matter remitted to the LLB with directions to consider transfer and to renew the licence for a limited period to render any reconsideration effective.
24 Oct 2000

BASE TOP DEVELOPMENT LTD. v. THE COMMISSIONER OF POLICE

Citation

BASE TOP DEVELOPMENT LTD. v. THE COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL2324/2000

The Ordinance manifests a legislative scheme that treats massage establishment licences as personal privileges granted only to a natural person who must personally supervise operations; on the licensee's death the licence ceases and cannot be transferred, s7(5) does not save a licence in such circumstances and s46 IGCO cannot override the specific statutory scheme; therefore the Commissioner was correct to refuse the transfer and the application for leave to judicially review is not arguable.
28 Sept 2000

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor

Citation

RE: MAN CHING YI, WENDY and EX PARTE: QUINWAY CO. LTD. A Creditor
Court

Court of First Instance
Case number

HCB1033/1999

The court accepted the petitioner's documentary evidence (notably the 30 Sept 1998 fax, the debtor's note and solicitors' correspondence) over the debtors' oral account, found the alleged release agreement unproved on the balance of probabilities, concluded no bona fide dispute on substantial grounds existed as to the debt, and therefore made bankruptcy orders against each debtor.
28 Sept 2000

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor

Citation

RE: CHAN KA KEUNG and EX PARTE: QUINWAY CO. LTD A Creditor
Court

Court of First Instance
Case number

HCB1324/1999

The judge found on the balance of probabilities that the alleged agreement as pleaded by the debtors was not established; contemporaneous documents (the 30 September 1998 fax, the debtor's note and the solicitor's letter) supported the petitioner's account and showed non‑compliance by the debtors with agreed conditions, so there was no bona fide dispute on substantial grounds and bankruptcy orders were justified.
2 Feb 1972

HO PO HOW v. TSE KAI CHOW

Citation

HO PO HOW v. TSE KAI CHOW
Court

Court of First Instance
Case number

HCA1007/1970

Court found the true transaction to be a sale of the old taxi to the plaintiff (supported by receipts and credibility findings), held the defendant liable for conversion by seizing the vehicle, assessed damages taking into account instalments paid by defendant and licensed scarcity value, awarded plaintiff $20,006 with interest and dismissed defendant's counter-claim for unpaid hire-purchase instalments.