Hong Kong Case Law: Decisions & Judgments

Topic

Licensing requirements

Legal area

Court

14 Sept 2007

MONEY CONCEPTS (ASIA) LTD v. YEUNG CHUNG WING

Citation

MONEY CONCEPTS (ASIA) LTD v. YEUNG CHUNG WING
Court

Court of First Instance
Case number

HCSA16/2007

The appeal is dismissed because the Agreement expressly placed the obligation to obtain and maintain licences on the representative (clauses 3a/3b); the Adjudicator correctly found no sufficient evidence that the Claimant's failure to forward PIBA notices caused suspension or that the Agreement was illegal or void; any implied term was limited to reasonable administrative support and there was no breach entitling the Appellant to relief.
28 Aug 2001

Lee Wei Man Karen v. Hong Kong Forex Investment Ltd.

Citation

Lee Wei Man Karen v. Hong Kong Forex Investment Ltd.
Court

District Court
Case number

DCCJ876/2001

Plaintiff failed to prove on the balance of probabilities that transactions were executed without her prior approval; alternatively any unauthorised transactions were ratified by delay and conduct; clause 8.1 does not give rise to a cause of action by the plaintiff in these circumstances and the lack of licence did not itself cause the trading loss; misrepresentation was not proved nor shown to have induced the contract; accordingly the claim is dismissed.
2 Jan 2001

YEUNG YIN v. TANG CHI HO

Citation

YEUNG YIN v. TANG CHI HO
Court

District Court
Case number

DCCJ26261/1998

Defendant failed to prove on the balance of probabilities that most of the claimed fitting expenses were occasioned by licensing requirements; only specific items were allowed as deductible ($20,950.00). Plaintiff entitled to reimbursement of disbursements ($24,630.00). Judgment entered for the Plaintiff for $93,647.50 with interest; Defendant's counterclaim dismissed; costs to Plaintiff nisi.
15 Oct 1996

R. v. KI CHOR ON

Citation

R. v. KI CHOR ON
Court

Court of First Instance
Case number

HCMA842/1996

Schedule 8 governs sentencing for the offences, fines must be proportionate to the offender's means and the totality considered; the total fine of $425,000 was excessive for a 71‑year‑old small herbalist with limited income and was reduced to a total of $95,000 to reflect deterrence without causing crippling effect.
26 Feb 1982

HONG KONG AUTOMATIC VENDING CO LTD AND ANOTHER v. THE QUEEN

Citation

HONG KONG AUTOMATIC VENDING CO LTD AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC971/1981

The lever and button were properly characterized as mechanical devices integral to the machines' attraction and function, so the machines were automatic machines within the meaning of the Miscellaneous Licence Ordinance; the magistrate was entitled to prefer the Crown experts and to order confiscation, therefore both conviction and sentence must be upheld.

Hong Kong Case Law

MONEY CONCEPTS (ASIA) LTD v. YEUNG CHUNG WING

Lee Wei Man Karen v. Hong Kong Forex Investment Ltd.

YEUNG YIN v. TANG CHI HO

R. v. KI CHOR ON

HONG KONG AUTOMATIC VENDING CO LTD AND ANOTHER v. THE QUEEN