31 Mar 2026
WAH TAI HING FOODS MANUFACTORY LTD AND ANOTHER v. FOK CHIU MING MILTON AND ANOTHER
- Citation
- [2026] HKCFI 1870
- Court
- Court of First Instance
- Case number
- HCA127/2021
The 2nd Defendant received HK$6,419,730.38 from the 1st Defendant and was unjustly enriched at the Plaintiffs' expense. The Exchange Agreement (HKD for RMB transfers) was proven and constituted domestic illegality under AMLO (unlicensed money changing/remittance conducted as a business) and foreign illegality under PRC Forex Regulations (matching balances/disguised sale and purchase under Art.45). Those illegalties negate good faith and bar the defences of bona fide purchaser and change of position with respect to the Exchange Agreement. The tenancy receipts (RMB216,000/HK$244,080) constitute…