Hong Kong Case Law: Decisions & Judgments

Topic

Non-disclosure to court

Legal area

Court

11 Sept 2019

RE SUNG SZE YIN DANIEL

Citation

[2019] HKCFI 2264
Court

Court of First Instance
Case number

HCB478/2019

The court found substituted service was improperly granted because the petitioner failed to disclose material information it held (knowledge the bankrupt no longer resided at the recorded address and alternative contact details existed); on that basis the bankruptcy order ought not to have been made and, exercising its discretion in light of the non-disclosure, the court annulled the bankruptcy order and returned the parties to square one despite weaknesses in the bankrupt's evidence on the merits.
8 Dec 2017

TANG HANBO v. THE SECURITIES AND FUTURES COMMISSION AND ANOTHER

Citation

TANG HANBO v. THE SECURITIES AND FUTURES COMMISSION AND ANOTHER
Court

Court of First Instance
Case number

HCAL229/2016

Court concluded applicant failed to prove that the warrant was primarily or significantly for the CSRC or that there was deliberate non-disclosure; contemporaneous documents, briefing notes and inherent probabilities supported SFC's account that the search was for SFC's investigation and any assistance to CSRC was lawful and secondary; application dismissed.
22 Dec 2006

POINTPIPER INVESTMENT LTD v.THE SUN\'S PROPERTY MANAGEMENT LTD

Citation

POINTPIPER INVESTMENT LTD v.THE SUN\'S PROPERTY MANAGEMENT LTD
Court

District Court
Case number

DCCJ3512/2006

The Court set aside the default interlocutory judgment because Plaintiff's conduct (offering an extension conditioned on a consent summons, subsequent silence, implied representation that the matter was pending, filing for default judgment and failing to disclose these communications to the Court) rendered the judgment irregular and misled the Court as to service and notice; alternatively, even if procedural regularity stood, the Defendant demonstrated a real prospect of success on the merits because the assignment and Deed of Mutual Covenant established Proper Investment's exclusive right/ow…
10 Oct 1994

Re LAW KIN MAN

Citation

Re LAW KIN MAN
Court

Court of First Instance
Case number

HCMP1711/1991

The court held that the Ordinance read with the 1991 Designation Order permits registration of external confiscation orders of designated countries, including orders affecting property (in rem), and that common law conflict rules do not prevent registration under the statutory scheme; although the New York forfeiture orders lacked jurisdiction over the res and were impeachable, the applicant's long delay, conduct and prejudice to alternative remedies meant the court would not exercise its discretion to set aside the registration; application to amend summons and to discharge registration dism…
12 Jun 1987

RAMON L. SIY AND ANOTHER v. BPI INTERNATIONAL FINANCE LTD AND OTHERS

Citation

RAMON L. SIY AND ANOTHER v. BPI INTERNATIONAL FINANCE LTD AND OTHERS
Court

Court of First Instance
Case number

HCA6659/1985

The Master\'s orders (extension of writ under O.6 r.8(2) and leave under O.11 to serve out of jurisdiction) were set aside because the plaintiffs failed to show good or sufficient reason for the out-of-time extension, there was material non-disclosure and inaccurate information to the Master, and the extension would likely prejudice the 2nd Defendant by depriving it of arguable limitation defences and by imposing oppressive double litigation in Hong Kong rather than allowing the New York proceedings to proceed.

Hong Kong Case Law

RE SUNG SZE YIN DANIEL

TANG HANBO v. THE SECURITIES AND FUTURES COMMISSION AND ANOTHER

POINTPIPER INVESTMENT LTD v.THE SUN\'S PROPERTY MANAGEMENT LTD

Re LAW KIN MAN

RAMON L. SIY AND ANOTHER v. BPI INTERNATIONAL FINANCE LTD AND OTHERS