Hong Kong Case Law: Decisions & Judgments

Topic

Misrepresentation to government

Legal area

Court

25 May 2007

TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

Citation

TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1746/2005

The application to re-amend the Amended Statement of Claim is allowed because the proposed new causes of action (illegality-based restitution and alternative contract claim) arise out of the same or substantially the same facts as the originally pleaded breach claims under Order 20 r.5(5) RHC; lateness and alleged prejudice were not sufficient to refuse relief and any prejudice can be compensated by costs or addressed at trial.
17 Nov 2004

CHEUNG CHI FAI v. WAN HANG PING

Citation

CHEUNG CHI FAI v. WAN HANG PING
Court

Court of First Instance
Case number

HCA193/2002

The court preferred the Defendant's and solicitor's evidence, found the land was assigned to the Plaintiff as a trustee for Bright Wide (no payment made), Bright Wide funded construction and paid premium, the Plaintiff had no beneficial interest in the land or building (having sold his indigenous right for HK$250,000), and therefore the Plaintiff's claim for proceeds of sale failed; section 17 CPO does not prevent a resulting trust arising and the illegality of the Small House scheme did not entitle the Plaintiff to the proceeds.
22 May 2001

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER

Citation

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV20/2001

The Deed is unlawful and unenforceable because its performance necessarily requires applicants to make false declarations and to misrepresent beneficial ownership to the Government in order to obtain Small House grants; those facts render the Deed illegal and contrary to public policy and justify a final declaration and injunctive relief in favour of the plaintiffs.

Hong Kong Case Law

TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

CHEUNG CHI FAI v. WAN HANG PING

MADAM CHUNG MUI TECK AND OTHERS v. HANG TAK BUDDHIST HALL ASSOCIATION LTD. AND ANOTHER