Hong Kong Case Law: Decisions & Judgments

Topic

Membership eligibility

Legal area

Court

2 Sept 2014

LEE KWOK KEUNG v. CHICK POON LUN ANTONY AND ANOTHER

Citation

LEE KWOK KEUNG v. CHICK POON LUN ANTONY AND ANOTHER
Court

Court of First Instance
Case number

HCMP2388/2012

The plaintiff was not a member of the union on the facts (no application, no fees paid, absent from registers and historical records) and therefore lacked locus standi to bring the derivative/representative proceedings; estoppel failed because the representations relied on were unauthorized acts of the deceased president and could not bind the union or the 1st defendant; claim was accordingly struck out for want of standing.
19 Feb 2008

MUM KEM YING v. 柯智瀧及另一人

Citation

MUM KEM YING v. 柯智瀧及另一人
Court

Court of First Instance
Case number

HCMP484/2006

The court accepted the defendants' evidence and documentary support that the 15 July 2005 meeting validly elected the Committee members and that the plaintiff failed to prove on the balance of probabilities that elected candidates were disqualified by indebtedness under Article 9; consequently Notices 052 and 053 were valid and the 14 October 2005 meeting was quorate, so all declaratory reliefs were dismissed and costs ordered against the plaintiff.
19 Jan 2007

MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS

Citation

MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS
Court

Court of First Instance
Case number

HCMP3253/2004

The court held the 116 persons were not valid members because they failed to comply with mandatory provisions of the Existing Articles (lack of proper recommendation/seconder, age requirement, and failure to post applications for the requisite 14 days); approvals by executive directors were ultra vires; subsequent publication did not cure failure to allow the board and members an opportunity to object; accordingly the 116 names must be removed and those individuals are not entitled to vote, and Horwath must attend and conduct the meeting with its costs taxed and paid by the Association on a c…
23 Apr 1970

SHAMDAS CHUHARMAL KHIATANI v. THE INDIAN CHAMBER OF COMMERCE HONG KONG

Citation

SHAMDAS CHUHARMAL KHIATANI v. THE INDIAN CHAMBER OF COMMERCE HONG KONG
Court

Court of First Instance
Case number

HCA1619/1969

The summons for an interlocutory injunction was dismissed because the plaintiff failed to demonstrate any clear prejudice or irreparable harm from allowing the election to proceed and the action would be tried in the near future, so maintaining the status quo until trial was not necessary to prevent injustice.

Hong Kong Case Law

LEE KWOK KEUNG v. CHICK POON LUN ANTONY AND ANOTHER

MUM KEM YING v. 柯智瀧及另一人

MA PO CHIM, PERCY AND OTHERS v. LEE TUNG HAI, LEO AND OTHERS

SHAMDAS CHUHARMAL KHIATANI v. THE INDIAN CHAMBER OF COMMERCE HONG KONG