Hong Kong Case Law: Decisions & Judgments

Topic

Reserved matters

Legal area

Court

27 Feb 2024

CNG v. G AND ANOTHER

Citation

[2024] HKCFI 575
Court

Court of First Instance
Case number

HCCT29/2023

The application to set aside the arbitral award was dismissed because the court found the tribunal had dealt with the essential issues and given adequate reasons, CNG was not shown to have been denied a reasonable opportunity to present its case, there was no departure from agreed procedure nor public policy breach, and therefore the award stands; costs ordered against CNG on an indemnity basis with certificate for three counsel.
13 Dec 2018

郭卓堅 v. 香港特首林鄭月娥

Citation

[2018] HKCFI 2657
Court

Court of First Instance
Case number

HCAL1165/2018

The Ordinance is consistent with the Basic Law: the legislature lawfully used a deeming provision to treat the designated Mainland Port Area for specified legal purposes as outside Hong Kong and subject to Mainland law except for reserved matters; that outcome accords with the Basic Law when read purposively and in context, and the NPCSC Decision is admissible as persuasive post‑enactment material which supports this construction; accordingly substantive judicial review claims fail.
13 Dec 2018

KU CHUN HIN ZLATO v. SECRETARY FOR JUSTICE

Citation

[2018] HKCFI 2657
Court

Court of First Instance
Case number

HCAL1171/2018

On a fair, contextual and purposive construction of the Basic Law the Ordinance (s 6) is within the legislative competence of the HKSAR to establish a Mainland Port Area for CIQ purposes and to deem that area for specified purposes to lie outside Hong Kong such that Mainland laws apply and Hong Kong laws do not apply to non-reserved matters; the NPCSC Decision is admissible post-enactment material of high persuasive value and there is no constitutional bar to the co-location arrangement limited to the specific facts of the project.
8 Sept 2014

HANSEN INTERNATIONAL LTD v. HIGH FASHION APPAREL LTD AND OTHERS

Citation

HANSEN INTERNATIONAL LTD v. HIGH FASHION APPAREL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1724/2014

At the interlocutory stage, on the material before the court (primarily the applicant's evidence), there are serious issues to be tried and the balance of convenience favours maintaining the pre-meeting status quo; the ex parte injunction previously granted will be continued but varied to exclude the Shenzhen Company as it does not on present evidence appear to form part of the JV/Will Top group; interim orders compelling production of finance chops and withdrawal of bank notices for the relevant group companies (excluding Shenzhen Company) are appropriate with specified deadlines; the summon…

Hong Kong Case Law

CNG v. G AND ANOTHER

郭卓堅 v. 香港特首林鄭月娥

KU CHUN HIN ZLATO v. SECRETARY FOR JUSTICE

HANSEN INTERNATIONAL LTD v. HIGH FASHION APPAREL LTD AND OTHERS