Hong Kong Case Law: Decisions & Judgments

Topic

Pleasure vessel licensing

Legal area

Court

19 Apr 2002

DEBIS FINANCIAL SERVICES CHINA LTD. v. HARBOUR UNION INVESTMENTS LTD. AND ANOTHER

Citation

DEBIS FINANCIAL SERVICES CHINA LTD. v. HARBOUR UNION INVESTMENTS LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA1320/2001

The court dismissed the appeal and held that the 1st Defendant has an arguable right to have the insurer act on the mortgagee clause and that allegations of breach of warranty and of potential circuity of action via subrogation did not justify striking out the Third Party proceedings at this interlocutory stage, because subrogation vests only the enforceable rights of the mortgagee and does not guarantee recoverability from the 1st Defendant.
27 Feb 1992

THE QUEEN v. WONG SIU WAH AND OTHERS

Citation

THE QUEEN v. WONG SIU WAH AND OTHERS
Court

Court of First Instance
Case number

HCMA792/1991

The convictions are quashed: the first six defendants were not proved to have used an unlicensed 'pleasure vessel' because the craft was constructed and intended for smuggling, was not shown to be a pleasure vessel or to have been used in Hong Kong waters, and the licensing regulations could not properly be stretched to cover it; the convictions of the seventh to ninth defendants for 'obstructing the Inspector' are quashed because the charge was defective and there was no evidence of resistance or assault as required under the Police Force Ordinance.
18 Mar 1982

WONG WAI FAT AND ANOTHER v. THE QUEEN

Citation

WONG WAI FAT AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC176/1982

Misuse of a pleasure vessel for non-pleasure purposes does not automatically constitute a breach of a licence condition or an offence under the regulations; regulation 3(4) gives the Director broad power to impose conditions (and regulation 3(6) is illustrative not limiting), but absent a specific condition or breach (such as failure to surrender under regulation 10) the convictions could not be sustained and must be quashed.

Hong Kong Case Law

DEBIS FINANCIAL SERVICES CHINA LTD. v. HARBOUR UNION INVESTMENTS LTD. AND ANOTHER

THE QUEEN v. WONG SIU WAH AND OTHERS

WONG WAI FAT AND ANOTHER v. THE QUEEN