Hong Kong Case Law: Decisions & Judgments

Topic

Registration of foreign confiscation orders

Legal area

Court

30 Jan 2014

RE RAFAT ALI RIZVI AND OTHERS

Citation

RE RAFAT ALI RIZVI AND OTHERS
Court

Court of First Instance
Case number

HCMP2557/2010

The court held that the Indonesian court had jurisdiction to try the defendants in absentia under Indonesian law and the s28(1) criteria were satisfied (order in force, notice under Indonesian law, enforcement not contrary to interests of justice); dual criminality was satisfied; "realisable property" for enforcement of the external confiscation order is confined to property specified in the external confiscation order (Schedule 2 s5(1)(a)); accordingly the court registered and ordered enforcement of the external confiscation order in respect of specified Hong Kong accounts and appointed the…
15 Apr 1996

Re LAW KIN MAN AND 38 OTHERS, INCLUDING: CHEUK WAI-MAN , SUNG TIN-BIU and TRAINWELL COMPANY LIMITED

Citation

Re LAW KIN MAN AND 38 OTHERS, INCLUDING: CHEUK WAI-MAN , SUNG TIN-BIU and TRAINWELL COMPANY LIMITED
Court

Court of First Instance
Case number

HCMP1711/1991

The court refused the Attorney-General's declarations because (1) issue estoppel and the principle that litigation must end bar re-opening matters decided or available to have been raised at the hearing before Deputy Judge Daniell; and (2) the statutory scheme and authorities establish that pre-existing equitable interests (security, lien, rights of set-off/consolidation) survive registration of external confiscation orders and are not defeated by such orders, so the Attorney-General could not show the Crown acquired title to the deposits to the exclusion of the bank/liquidator.
6 Jan 1994

In re Anwide Ltd

Citation

In re Anwide Ltd
Court

Court of Appeal
Case number

CACV126/1993

The appeal was allowed because Mayo J erred in treating an imprecise affidavit as confining Anwide's proprietary interest to the Sai Kung property; Anwide had established a clear interest in the Clear Water Bay property and in bank monies and therefore the dismissal of its application on the basis of lack of locus standi in relation to the Sai Kung property was wrong; the judge's order of 8 July 1993 was set aside and Anwide's originating application to set aside Gall J's order was restored.

Hong Kong Case Law

RE RAFAT ALI RIZVI AND OTHERS

Re LAW KIN MAN AND 38 OTHERS, INCLUDING: CHEUK WAI-MAN , SUNG TIN-BIU and TRAINWELL COMPANY LIMITED

In re Anwide Ltd