Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Pledge of securities

Legal area

Court

27 Jul 1999

CELESTIAL FINANCE LTD. v. HO HONG MAN AND ANOTHER

Citation

CELESTIAL FINANCE LTD. v. HO HONG MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA18508/1998

Clause 40 excludes the alleged oral agreement; the defendants failed to prove a clear instruction was given to the plaintiff to effect immediate liquidation and their defence was shadowy and suspicious but not wholly insubstantial; accordingly conditional leave to defend was granted on payment into court of specified sums, failing which judgment would enter for the plaintiff.
31 Jul 1985

THE QUEEN v. HON CHUN-MING

Citation

THE QUEEN v. HON CHUN-MING
Court

Court of Appeal
Case number

CACC31/1985

Applicant's false report of loss to Bank of Tokyo procured duplicate letters of credit which he presented for payment and thereby obtained cash/credit instead of repaying Metropolitan Bank; that constituted a gain under s.8(2) and satisfied s.22(2); Metropolitan Bank had taken originals as pledge and the trial judge could find the deception dishonest under the Ghosh test, particularly as applicant did not give evidence to support any honest belief; conviction is safe.