Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Oppression test

Legal area

Court

21 Jul 2015

TIONG KING SING v. SAM BOON PENG YEE AND ANOTHER

Citation

TIONG KING SING v. SAM BOON PENG YEE AND ANOTHER
Court

Court of First Instance
Case number

HCMP1129/2015

Leave to appeal was granted because although the court agreed there was sufficient prima facie evidence to justify the original ex parte leave, it was reasonably arguable that the solicitors should have shown the plaintiff's letters to the judge and that issue could justify setting aside leave; given the procedural and costs issues the court exercised its discretion to grant leave to appeal and ordered costs in the cause.
31 May 2007

P v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION

Citation

P v. THE COMMISSIONER OF THE INDEPENDENT COMMISSION AGAINST CORRUPTION
Court

Court of Final Appeal
Case number

FACC11/2006

The ex parte order was invalid because it was in general terms and did not define the scope of authorization (the draft notice should have been annexed or the order must specify the scope); s.14(1)(d) extends to documents outside Hong Kong, but extraterritoriality is a relevant factor in the court's discretion; the court's discretion to refuse is limited to cases where compliance would be oppressive; the CFI has jurisdiction under the Rules to set aside or vary its ex parte orders and a subject may challenge lack of access to documents but may not litigate the first two statutory criteria at…