Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lien on shares
  • 29 Jan 2026

    WAN MING SUN v. WONG HOI KWAN AND ANOTHER

    Citation
    [2026] HKCA 91
    Court
    Court of Appeal
    Case number
    CACV72/2025

    The 2nd defendant's appeal was dismissed for want of locus because the Official Receiver, as trustee in bankruptcy, did not consent to continuation; the Court exercised its discretion to lift the statutory stay for the 1st defendant due to inexcusable delay and lack of merit; on the merits the trial judge was correct that the defendants repudiated the PASP by failing to deliver required MG documents within the 14‑day contractual period, letters of 12 and 26 April 2023 did not amount to waiver or affirmation, time remained of the essence, and therefore the High Court's orders for return of dep…

  • 4 Mar 1981

    RE KOWLOON CONTAINER WAREHOUSE CO LTD

    Citation
    RE KOWLOON CONTAINER WAREHOUSE CO LTD
    Court
    Court of First Instance
    Case number
    HCMP165/1977

    The court held that the equitable principle applies in the liquidation of the Hong Kong company: Oyama Shipping (though a registered shareholder and beneficial owner via nominees) must contribute or have its indebtedness to the Company accounted for before receiving distributions. The articles' lien did not compel exclusive treatment to the exclusion of equitable remedies, s.250 requires ascertainment of the actual rights and interests (including equitable considerations), and the Japanese liquidation was not to be recognized for the purpose of diminishing Hong Kong judgment debts or defeatin…