Hong Kong Case Law: Decisions & Judgments

Topic

Order of speeches

Legal area

Court

16 Mar 2017

CHOY PO CHUN AND ANOTHER v. AU WING LUN AND ANOTHER

Citation

CHOY PO CHUN AND ANOTHER v. AU WING LUN AND ANOTHER
Court

Court of First Instance
Case number

HCAP7/2010

Because the legal or persuasive burden of proving due execution, testamentary capacity and knowledge and approval of the 2008 will lies on the defendant (William), Order 35 rule 7(6) entitles the defendant to begin and the court directs that William open and his witnesses give evidence first, with the specified sequence of witnesses and closings.
18 Nov 2016

CHINA METAL RECYCLING (HOLDINGS) LIMITED (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN HEI MAN AND OTHERS

Citation

CHINA METAL RECYCLING (HOLDINGS) LIMITED (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN HEI MAN AND OTHERS
Court

Court of First Instance
Case number

HCMP3396/2015

Plaintiffs failed to prove beyond reasonable doubt that the daughters intentionally breached the undertaking or the disclosure order or that the required information and evidencing documents were within the daughters' power to obtain; given lack of mens rea, arguable impossibility/power issues and the availability of the receivership alternative, committal was not justified and the contempt application must be dismissed.
16 Sept 1999

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS

Citation

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS
Court

Court of Final Appeal
Case number

FACV25/1998

The judge refused to direct a preliminary hearing because attacks on concurrent findings are generally unsuitable for preliminary hearings and the Court can control hopeless arguments within the main hearing; the judge fixed the hearing at 15 working days and ordered that the costs of the directions application be costs in the fraudulent trading appeal (FACV No.27 of 1998).
24 Dec 1987

ATTORNEY GENERAL v. CHUNG CHI WING

Citation

ATTORNEY GENERAL v. CHUNG CHI WING
Court

Court of First Instance
Case number

HCMA892/1987

The magistrate erred in refusing the Crown an opportunity to address the court and in declining to order forfeiture; where statutory conditions for forfeiture are met the court must order forfeiture unless the claimant proves good reason to the contrary on the balance of probabilities, and in this case the respondent failed to discharge that burden though the court mitigated the result by making a conditional order for return on payment of a sum to avoid gross disproportionality.

Hong Kong Case Law

CHOY PO CHUN AND ANOTHER v. AU WING LUN AND ANOTHER

CHINA METAL RECYCLING (HOLDINGS) LIMITED (IN COMPULSORY LIQUIDATION) AND ANOTHER v. CHUN HEI MAN AND OTHERS

AKTIESELSKABET DANSK SKIBFINANSIERING (body corporate) v. ROBERT JOHN FRANCIS BROTHERS

ATTORNEY GENERAL v. CHUNG CHI WING