Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Prohibition orders

  • 8 Dec 2005

    SINO WOOD INVESTMENT LTD v. WONG KAM YIN

    Citation
    SINO WOOD INVESTMENT LTD v. WONG KAM YIN
    Court
    Court of Final Appeal
    Case number
    FACV3/2005

    For purposes of a prohibition order under s21B(1) the phrase 'leaving Hong Kong' covers conduct that forms part of the trajectory of leaving the jurisdiction; entering a restricted departure area and presenting travel documents with a view to embarkation amounted to leaving Hong Kong in breach of the order. The order was not ambiguous on its face and s21B(7)'s reference to 'attempts to leave' does not mean that such conduct cannot constitute contravention or be enforced by civil contempt proceedings.

  • 6 Jan 1999

    KINGLY COMMODITIES CO. LTD. v. KANG CHONG SOO

    Citation
    KINGLY COMMODITIES CO. LTD. v. KANG CHONG SOO
    Court
    Court of First Instance
    Case number
    HCCL28/1988

    The court dismissed the action because the plaintiff's prolonged and inexcusable inaction from about 1990 evidenced a deliberate intention not to prosecute, constituting an abuse of process and warranting dismissal under the principles in Birkett v. James and Grovit v. Doctor; consequential relief included ordering payment out of the HK$1,000,000 lodged and a costs regime reflecting party-party taxation to end 1990 and indemnity costs thereafter.

  • 18 Sept 1996

    MING HSING DEVELOPMENT CO. LTD. v. MING SHIU CHUNG

    Citation
    MING HSING DEVELOPMENT CO. LTD. v. MING SHIU CHUNG
    Court
    Court of First Instance
    Case number
    HCA672/1995

    The appeals were allowed and conditions imposing disclosure of travel documents were removed because those conditions were imposed solely to police prohibition orders which, given available enforcement alternatives and the likelihood that the underlying judgments would be set aside, were unnecessary; the judge also had power to set aside the ex parte extensions of the prohibition orders (Ord.32 r.6 and s.21B(4)(a) S.C. Ordinance) and therefore substituted unconditional stays of execution pending determination of the summonses to set aside the judgments.