Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

No‑subversion principle

Legal area

Court

1 Dec 2023

WONG, CHI HUNG v. LO, WING PUN AND ANOTHER

Citation

[2023] HKDC 1663
Court

District Court
Case number

DCCJ1960/2019

Leave to appeal was granted for grounds raising substantial questions of law of general importance and prospect of success (Grounds 1 and 2 on application of Ryder and Emeraldian, Ground 6B on relevance of practical enforcement of foreign law, and Ground 9 as incidental to Foreign illegality analysis); leave was refused where issues were factual, academic or without reasonable prospects (pleading points, total failure of consideration already established, no‑subversion academic given that finding, identification/confiscation factual issues and expert credibility challenges). The court applied…
6 Oct 2023

WONG, CHI HUNG v. LO, WING PUN AND ANOTHER

Citation

[2023] HKDC 1284
Court

District Court
Case number

DCCJ1960/2019

The agreement objectively required deposit into Ms Kwok’s BOC account but was unenforceable in Hong Kong because it breached PRC foreign exchange regulations; nonetheless the plaintiff established an unjust enrichment claim against the 2nd defendant because the 2nd defendant received the RMB1,000,000 at the plaintiff’s expense, PRC Civil Code article 157 permits restitution (or payment of an equivalent sum) and the defence of foreign illegality was not made out so as to bar restitution; claim against 1st defendant dismissed.