Hong Kong Case Law: Decisions & Judgments

Topic

Neighbour dispute

Legal area

Court

20 Mar 2015

SO KWOK YAN BERNARD v. LAU WING CHUNG

Citation

SO KWOK YAN BERNARD v. LAU WING CHUNG
Court

District Court
Case number

DCCJ2343/2012

On the totality of evidence the court found that the complained noises occurred, came from Flat 8C while the defendant occupied it, and by frequency, timing and impact character amounted to an unreasonable interference with the plaintiff's enjoyment of his flat; the defendant failed to discharge the burden of proving the activities were reasonable, therefore he was liable in common law nuisance and for breach of the DMC.
13 Jun 2007

JACK GORDON LESLIE SMITH AND ANOTHER v. TAM MICHAEL WING WAH AND ANOTHER

Citation

JACK GORDON LESLIE SMITH AND ANOTHER v. TAM MICHAEL WING WAH AND ANOTHER
Court

Court of First Instance
Case number

HCA2638/2004

There was a serious question to be tried on both excessive amplified noise and improper disposal of cigarette butts; acoustic monitoring and forensic evidence, the proximity and frequency of conduct, and the framing of the DMC negative covenant justified the exercise of the court's discretion to grant interlocutory injunctive relief in the refined form proposed by the claimants pending trial.
25 Jun 1973

WONG NGAN v. THE QUEEN

Citation

WONG NGAN v. THE QUEEN
Court

Court of Appeal
Case number

CACC462/1973

The appeal was allowed in part because the magistrate's statement did not show that the guilty pleas and appellant's mitigation were taken into account; having regard to the appellant's clear record, the overcrowded neighbour dispute context and apparent retaliatory assault, the concurrent six month sentences for the two serious wounding charges were excessive and were reduced to three months concurrently.

Hong Kong Case Law

SO KWOK YAN BERNARD v. LAU WING CHUNG

JACK GORDON LESLIE SMITH AND ANOTHER v. TAM MICHAEL WING WAH AND ANOTHER

WONG NGAN v. THE QUEEN