Hong Kong Case Law: Decisions & Judgments

Topic

Non-compete

Legal area

Court

10 Feb 2026

HO TSZ NING v. LAW PUI CHUN JENNY

Citation

[2026] HKDC 122
Court

District Court
Case number

DCCJ1917/2022

The court found on the evidence that the Defendant breached Clauses 4 and 7 of the Agreement (failure to provide customer list and involvement in the Chatgroup soliciting customers); however, Plaintiff failed to quantify actual loss, so the contractual liquidated compensation under Clause 8A applied, yielding an award of 50% of the HK$190,000 purchase price (HK$95,000), with interest and costs.
11 Apr 2025

INFO SALONS TECHNOLOGY SERVICES (HK) LTD v. FENG WENGUO AND OTHERS

Citation

[2025] HKCFI 1663
Court

Court of First Instance
Case number

HCA654/2025

Interim interim relief was refused because, on the evidence, the balance of fairness favoured the defendants: the non-disclosure claim was vague and not the core complaint, facts did not clearly establish solicitation or enticement, the covenants could be read down/severed, the March fair had already occurred and evidence suggested D3 was chosen for the June fair, losses could be compensated by damages, and an injunction would cause significant prejudice to defendants and third parties; accordingly plaintiff failed to justify the short-term interim injunction sought.
19 Feb 2025

DR. BUT YIU KUEN, DAVID v. HONG KONG MEDICAL CONSULTANTS LTD

Citation

[2025] HKCFI 1102
Court

Court of First Instance
Case number

HCA1089/2021

On the pleaded facts (admitted by absence of defence or by withdrawal) the five‑year, 3‑kilometre covenant was void as an unreasonable restraint of trade; a declaratory judgment was necessary to do fullest justice; and indemnity costs were justified given defendant's withdrawal, lack of cogent evidence in support of serious allegations, failure to comply with orders and failure to explain the withdrawal.
5 Sept 2023

HONG KONG VENDING SYSTEM COMPANY LTD v. LUI KIN MING AND ANOTHER

Citation

[2023] HKDC 1175
Court

District Court
Case number

DCCJ5064/2022

Court struck out the 2nd defendant's claim in its entirety and struck specified paragraphs and reliefs because the Amended Statement of Claim failed to plead material facts against the 2nd defendant (speculative inferences, lack of particulars) and the sole remaining monetary claim against her (non-compete) fell within the exclusive jurisdiction of the Labour Tribunal; conspiracy and causing loss by unlawful means were inadequately pleaded and struck out; certain restrictive covenant and confidence claims against the 1st defendant survived as fact-sensitive and arguable.
5 Nov 2020

AB CLUB LTD AND OTHERS v. CHAN YIN KI CUBIE AND OTHERS

Citation

[2020] HKCFI 2769
Court

Court of First Instance
Case number

HCA1644/2020

The court refused the interim non-compete (springboard) injunction because the plaintiffs' delay, the lack of immediate urgency and the adequacy of damages made the risk of injustice from granting such an order greater than refusing it; however, on the papers there was a good arguable case that the 2nd–4th Defendants were bound by contractual non-solicitation covenants and little prejudice would flow from enforcing those covenants pending full trial, so an interim non-solicitation injunction was granted against the 2nd–4th Defendants (including by or through the 1st, 10th and 11th Defendants)…
10 Mar 2017

STORE FRIENDLY SELF STORAGE GROUP LTD v. WALON ENTREPRENEURS LTD

Citation

STORE FRIENDLY SELF STORAGE GROUP LTD v. WALON ENTREPRENEURS LTD
Court

Court of First Instance
Case number

HCA499/2017

There was a serious question to be tried on the reasonableness and alleged breach of the restraint and non-solicitation clauses; the plaintiff demonstrated a legitimate protectable interest and potential inadequacy of damages (including difficulty quantifying new customers and reputational harm), and the balance of convenience favoured granting an interlocutory injunction pending trial.
29 Feb 2012

CANTOR FITZGERALD EUROPE AND ANOTHER v. JASON JON BOYER AND OTHERS

Citation

CANTOR FITZGERALD EUROPE AND ANOTHER v. JASON JON BOYER AND OTHERS
Court

Court of First Instance
Case number

HCA1160/2011

Plaintiffs failed to prove coordinated procurement or concerted breaches of fiduciary or fidelity duties; Hong Kong Employment Ordinance mandatory provisions applied to employees engaged in Hong Kong notwithstanding an express foreign governing law choice and entitled employees to terminate by payment in lieu, restrictive covenants as drafted were generally unenforceable for being overbroad or of unreasonable duration or ambiguous, Cash AD was valid and repayable by Boyer, and specified payments in lieu were ordered for Ainslie and McGonegal.
20 Dec 2010

MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI

Citation

MIDLAND BUSINESS MANAGEMENT LTD AND ANOTHER v. LO MAN KUI
Court

Court of First Instance
Case number

HCA1599/2010

The summons for interlocutory injunction was dismissed because the plaintiffs failed to demonstrate a good prospect of success: clause 11.3 is an unreasonable and overbroad non-competition going beyond protection of trade connections (and is diminished by existing non-solicitation clauses 11.4 and 11.5); clause 11.6 is an indiscriminate anti-poaching restraint not sufficiently limited or pleaded to protect a legitimate interest in staff stability; blue-pencil/severance could not cure these defects as proposed; accordingly injunctive relief was refused and costs were ordered nisi for the defen…
28 Aug 2009

SMART KIDS’ CLUB LTD v. LEUNG PO SZE AND OTHERS

Citation

SMART KIDS’ CLUB LTD v. LEUNG PO SZE AND OTHERS
Court

Court of First Instance
Case number

HCA916/2009

The court found the plaintiff had raised a serious issue to be tried, that its Lead System and POS comprised confidential information deserving protection, and that damages would be an inadequate remedy; accordingly it granted interim injunctions restraining use/disclosure of confidential information and restraining solicitation of customers and enticing staff for up to 12 months (or until final judgment), but refused to grant the broad 12‑month non-compete employment ban as unnecessary and draconian; balance of convenience and legitimate business interests dictated this tailored relief.
14 Nov 2008

IBM CHINA/ HONG KONG LTD v. NIGEL JOHN KNIGHT

Citation

IBM CHINA/ HONG KONG LTD v. NIGEL JOHN KNIGHT
Court

Court of First Instance
Case number

HCA1806/2008

The defendant was in substance an employee for purposes of these restraints so employer-employee restraint principles apply; the qualifications in the Employment Agreement and Redemption Agreement (capacity, territories, restricted period) qualify both limbs of the non-association and non-competition clauses; the Special Payment Agreement as drafted was overly broad and must be modified to a one-year prohibition on involvement with any company undertaking consultancy business with the plaintiff or IBM GBS limited to the Greater China region; on that basis the existing interim injunction, whic…