22 Feb 2000
The deed was valid and enforceable; there was no actual undue influence and no basis for presumed undue influence because the solicitors acted for the Defendant only and any presumption was rebutted; the Plaintiff's alleged mistakes were insufficient to avoid the deed; accordingly the Plaintiff is liable to pay HK$500,000 plus interest and costs.
10 Jun 1999
The Court held ss.118(3) and (5) require defendants manufacturing in Hong Kong to make reasonable inquiries under Hong Kong law to avail themselves of the statutory defences; inquiries confined to Taiwan law were inadequate; applicants made minimal or no effective Hong Kong inquiries and therefore failed to discharge the statutory burden; convictions were safe and must be upheld.
11 Jan 1980
Section 6 of the Animals and Plants (Protection of Endangered Species) Ordinance (Cap.187) is not an absolute offence; in the absence of clear legislative intent to create strict liability, mens rea is presumed. Mistake of fact or law that honestly negates the required mental element can be a defence. Applying these principles, the conviction was sustainable but the magistrate's conclusion that the offence arose in ignorance of the law supported the sentence imposed.