Hong Kong Case Law: Decisions & Judgments

Topic

Loan versus gift

Legal area

Court

12 Mar 2026

FANG YUE AND OTHERS v. SHING YIM PING

Citation

[2026] HKCFI 1421
Court

Court of First Instance
Case number

HCA845/2022

The court accepted plaintiffs' evidence and contemporaneous/subsequent documentary evidence (notably the Second List and email exchanges) and rejected defendant's testimony as unreliable and internally inconsistent; on that basis the court found that the transfers were loans under the four alleged agreements and awarded the plaintiffs the outstanding principal and interest. The withdrawn Small Claims counterclaim could not be relied upon for set-off.
24 Jan 2024

HU LAN v. DAVID GOLDEN

Citation

[2024] HKCA 108
Court

Court of Appeal
Case number

CACV123/2023

The Court of Appeal held the defendant was properly released from any deemed admission because the pleadings and parties' conduct plainly put the document's authenticity and execution in issue; on the facts the plaintiff failed to prove the written loan agreement was executed by the defendant in the circumstances pleaded and the judge's findings that the Sum was more likely a gift were supported by inherent probability and credible witness evidence; accordingly the appeal was dismissed.
31 Mar 2023

HU LAN v. DAVID GOLDEN

Citation

[2023] HKCFI 873
Court

Court of First Instance
Case number

HCA2320/2019

On the balance of probabilities the transfers were a gift from Father effected through the plaintiff rather than a loan: the plaintiff failed to prove the Written Loan Agreement was authentic and reflective of the parties' true intention, the late evidence application was rightly refused, and an adverse inference arose from the plaintiff's failure to call Father; accordingly the claim is dismissed.
6 Nov 2015

NG WAI MING v. LIU XIN

Citation

NG WAI MING v. LIU XIN
Court

District Court
Case number

DCCJ4932/2011

The court found that the 1st Payment, the 2nd Payment and the HK$70,000 received in December 2010 were payments made out of love and affection and not loans; the plaintiff failed to prove that the full HK$200,000 third payment was advanced; presumption of advancement applied to the first payment but the finding of gift is supported on the facts in any event; therefore the plaintiff's claim for HK$269,000 is dismissed.
30 Oct 2015

PONG CHUN CHUNG v. YAN KWOK HUNG

Citation

PONG CHUN CHUNG v. YAN KWOK HUNG
Court

Court of First Instance
Case number

HCA689/2013

The court found on credibility and documentary evidence that the HK$1,600,000 advanced on 10 December 2008 was a loan (not a gift), supported by the cashier's order purchase form, the legal charge acknowledging HK$1,404,000, the IOU and the July 2012 emails as voluntary admissions; repayments reduced the total outstanding to HK$1,697,000 and judgment was entered for that sum with interest and costs.
27 Feb 2015

CHAN KUNG KEE v. WEN XIAOLING

Citation

CHAN KUNG KEE v. WEN XIAOLING
Court

Court of First Instance
Case number

HCA1635/2010

The court found the borrowing terms genuine and that the HK$3,000,000 was given for the purpose of an intended share acquisition not as an unconditional loan; there was no proof the defendant transferred RMB2.7m to the company and the plaintiffs validly withdrew before any performance by the defendant, therefore the defendant is bound to return the HK$3,000,000 as money had and received; the defendant's counterclaim for education loans fails for lack of reliable documentary evidence.
1 Aug 2013

CWYW v. CPLA

Citation

CWYW v. CPLA
Court

Family Court
Case number

FCMC13307/2012

On the facts the court accepted the mother's evidence of an intention to lend, found her involvement in the purchase and renovation and lack of evidence of gratuitous intent inconsistent with a gift, and therefore held the sum of HK$1,770,800 was a loan rather than a gift.
28 Dec 2012

SHUM NGO SHEUNG WINNIE v. TSOI YAN WAH STELLA

Citation

SHUM NGO SHEUNG WINNIE v. TSOI YAN WAH STELLA
Court

District Court
Case number

DCCJ1945/2011

On the balance of probabilities the plaintiff failed to prove the alleged oral loan agreement; considering the parties' relationship, surrounding circumstances, the manner and timing of payments, lack of documentary evidence and the plaintiff's delay in demanding repayment, the payments were gifts and not a loan, and the claim is dismissed.
21 Dec 2012

LUI FAI YEUNG v. CHUI KIN MAN

Citation

LUI FAI YEUNG v. CHUI KIN MAN
Court

Court of Final Appeal
Case number

FACV16/2011

On the facts the appellant failed to prove the payments were loans: payment patterns, intimate relationship context, lack of unequivocal tape admissions, the dubious provenance and surrounding conduct relating to the Acknowledgement of Debt and continued payments after its date rendered the Acknowledgement and tapes insufficient to establish indebtedness; consequently the proper inference was that the payments were gifts and the appellant's claim failed.
21 Jan 2008

GLORIES FAITH INVESTMENT LTD v. BRUCE RAMSEY ABBOTT

Citation

GLORIES FAITH INVESTMENT LTD v. BRUCE RAMSEY ABBOTT
Court

Court of First Instance
Case number

HCA1087/2006

The court found on credibility and inherent probabilities that the HK$3,000,000 payments were loans (not gifts), that no estoppel arose to bar recovery, and therefore entered judgment for Glories Faith for HK$3,000,000 with interest from 9 May 2006 and costs nisi.