Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation and penalty

Legal area

Court

8 Mar 2022

LEE SHU HANG AND LI SIN MAN SELINE (AS THE PERSONAL REPRESENTATIVES OF THE ESTATE OF LEE SAI NAM, DECEASED) v. KAN LAP KEE (ALSO KNOWN AS “TERRY KAN”)

Citation

[2022] HKCFI 651
Court

Court of First Instance
Case number

HCMP2320/2020

The filing of the 1st and 2nd Statements in the SCIA by Kan, in their terms and for their purpose, constituted substantive decisions affecting the administration of Pak Tat in liquidation and therefore fell within the ambit of §5 of the 2/11/2017 Order; Kan submitted those statements without consulting his co‑liquidator Chen or seeking court directions despite being aware of the order; the breach was intentional in the relevant sense and proved beyond reasonable doubt; Kan’s summons to discharge/set aside leave and to strike out proceedings was dismissed and liability for contempt established…
11 Jun 2018

DR BENJAMIN MARK HERBERT v. VETERINARY SURGEONS BOARD OF HONG KONG

Citation

[2018] HKCA 337
Court

Court of Appeal
Case number

CACV235/2016

The Court found that sending sexual text messages with sexual undertones to a subordinate in the workplace constituted misconduct in a professional respect because it fell short of standards and reflected adversely on the profession; the Inquiry Committee was entitled to admit and rely on documentary evidence including the appellant's admissions despite the complainant's absence and to assess its weight; and the three-month removal with restoration only upon successful application was within the statutory powers and was an appropriate regulatory response.

Hong Kong Case Law

LEE SHU HANG AND LI SIN MAN SELINE (AS THE PERSONAL REPRESENTATIVES OF THE ESTATE OF LEE SAI NAM, DECEASED) v. KAN LAP KEE (ALSO KNOWN AS “TERRY KAN”)

DR BENJAMIN MARK HERBERT v. VETERINARY SURGEONS BOARD OF HONG KONG