Hong Kong Case Law: Decisions & Judgments

Topic

Penal notice

Legal area

Court

22 Apr 2026

VERMEERBERGEN PETER ALFRED v. SWISSTRIBE LTD

Citation

[2026] HKCFI 2353
Court

Court of First Instance
Case number

HCLA36/2015

The Master lawfully exercised jurisdiction to adjourn the callover and defer any determination as to the scope of documents in order to hear the Director of Legal Aid; no substantive decision to stay or waive the examination was made, and the appropriate course is to permit the Master to determine the procedural directions at the adjourned hearing. The appeal is dismissed.
27 Aug 2025

LCH v. WPSN

Citation

[2025] HKCA 783
Court

Court of Appeal
Case number

CACV327/2024

Leave to appeal refused because the proposed questions were not reasonably arguable: direct committal under Order 52 r 2 is available and not precluded by YBL or PD SL10.2; lack of funds is not a generally arguable defence outside the specific factual context; the penal notice point failed because no objection was taken below, the Flywin principle applies, and the order in question was endorsed with and served with a penal notice. Costs awarded and no stay granted.
14 May 2024

WAN KWOK LING BONNIE 對 WAN KWOK KUEN JOHNSON

Citation

[2024] HKDC 717
Court

District Court
Case number

DCCJ5408/2023

The court found the plaintiff established a serious issue to be tried, that the defendant's campaign caused non‑monetary harm for which damages would be inadequate, and that the balance of convenience favoured granting a non‑final injunction (with a narrow medical exception) because any loss to the defendant from temporary restraint could be compensated by damages; accordingly an interim non‑final injunction was granted until trial or further order.
24 Nov 2023

MA CHING YEUNG PHILIP v. CHIN WAI YEE WINNIE

Citation

[2023] HKFC 198
Court

Family Court
Case number

FCMC11432/2018

The court found, on the criminal standard, that the Petitioner had or had had means to pay the LCA (including realizable value in pledged shares or ability to force sale by ceasing interest payments, residual value or sale of the Watches and unused KC loan facility and the HK$1.5m receipt) and deliberately chose to prioritise other creditors rather than satisfy the LCA Order; the defence of impossibility and the argument about the jointly owned UK property did not absolve him; a sealed penal notice was personally served on 13 January 2023 so punishment is limited to breaches after that date;…
12 Oct 2023

H, RS v. X, Y

Citation

[2023] HKFC 208
Court

Family Court
Case number

FCMC6733/2023

The court held the requested documents were relevant to the applicant's ancillary relief claims and ordered disclosure (2(1)(e)-(f) and 2(2)(c)-(f)), found the undertakings were sufficient protection equivalent to an injunction but that the applicant was effectively the winner, and exercised discretion under Order 62 r.5 to order the respondent to pay 80% of costs of and incidental to the application inclusive of the ex parte summons with certificate for two counsel, taxed and paid forthwith; penal notice endorsed.
20 Sept 2023

WKI also known as IWKV v. CKW also known as WCKW

Citation

[2023] HKFC 191
Court

Family Court
Case number

FCMC11528/2019

The summons for leave to appeal is dismissed because the mother failed to show a reasonable prospect of success: she had given an undertaking and had time to renew the child’s travel documents, the court’s directions were proportionate (providing documents to enable the father to obtain a passport if necessary), the alleged impossibility was not raised at hearing, the mother did not seek extensions or raise specific documentary obstacles, and the judgment already addressed risks of non‑return and enforcement; no interest of justice required allowing the appeal.
2 Feb 2023

WONG LUEN HANG AND ANOTHER v. CHAN YUK LUNG AND ANOTHER

Citation

[2023] HKCFI 304
Court

Court of First Instance
Case number

HCMP243/2021

Defendants were guilty of civil contempt because they failed to comply with the 3rd Orders and the recorded Undertaking by not producing required accounting and supporting documents and by delaying the auditors' accounting adjustments; the requisite mental element was established by attributed knowledge through agents and by defendants' own admissions; penal notices and substituted service were valid and did not defeat committal; sentencing was reserved and indemnity costs ordered nisi.
9 Aug 2021

L, T v. M, MD

Citation

[2021] HKFC 162
Court

Family Court
Case number

FCMC5131/2019

Decree absolute granted because the petitioner failed to establish credible, evidence-based risk that the respondent would abscond or not pay; the respondent demonstrated he cannot access the Swiss pension until decree absolute making refusal would cause real financial prejudice to petitioner; court secured payment by endorsing a penal notice and ordering steps to liquidate the pension and by costs consequences.
24 Nov 2020

WONG YUK TUNG v. WONG PO LING (also known as WONG PO LING CLARA)

Citation

[2020] HKCFI 2953
Court

Court of First Instance
Case number

HCMP129/2019

The court held that it will only dispense with the requirement of personal service under Order 45 r 7(7) in exceptional cases and only if the applicant proves beyond reasonable doubt that the alleged contemnor knew the terms of the order, the consequences of disobedience and the grounds of the alleged breach; the applicant failed to prove awareness of the consequences beyond reasonable doubt, so committal could not be ordered.
6 Nov 2020

KOO MING KOWN v. CHAN CHI MONG, HOPKINS

Citation

[2020] HKCFI 2827
Court

Court of First Instance
Case number

HCMP937/2020

The court held that dispensing with personal service of the order for further and better particulars was justified on the facts (solicitors' receipt, respondent's knowledge and conduct), that the respondent knowingly and non-accidentally failed to comply with the order to produce the original PhD certificate and particulars, and therefore was in contempt of court; sentence was adjourned for hearing.