Hong Kong Case Law: Decisions & Judgments

Topic

Retrospectivity of statutory amendments

Legal area

Court

30 Jan 2024

NARINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Citation

[2024] HKCFI 351
Court

Court of First Instance
Case number

HCAL1233/2019

Extension of time and leave were granted because the Board, applying the pre-amendment s37TZ, failed to consider the merits of the applicant's case when refusing to extend time; that omission gave the applicant a realistic prospect of success and justified exercise of the Court's discretion to extend time and grant leave.
13 Dec 2013

LI BARK SHING AND ANOTHER v. THE INCORPORATED OWNERS OF HONG YUEN COURT

Citation

LI BARK SHING AND ANOTHER v. THE INCORPORATED OWNERS OF HONG YUEN COURT
Court

Lands Tribunal
Case number

LDBM149/2013

The Tribunal held that prior to 2007 the statutory duty was to keep minutes of every meeting; after 2007 a corporation may fix the retention period subject to a six-year minimum and must produce evidence of any resolution limiting retention; the respondent failed to make its position clear, only later admitted pre-2007 minutes were discarded, and therefore the applicants were justified to issue proceedings and to discontinue once informed documents no longer existed; costs were properly awarded to the applicants and to be paid by the respondent.
31 Oct 2003

DIANA GEMING FU v. KEENDIC INDUSTRIAL LTD

Citation

DIANA GEMING FU v. KEENDIC INDUSTRIAL LTD
Court

Lands Tribunal
Case number

LDNT138/2003

Because the Form CR101 that initiated the matter was served before the Amendment Ordinance came into force, the pre‑amendment provisions of s.119 and s.119D apply; under the old law the Tribunal has no power to entertain a new tenancy application made after the tenancy has terminated and the Applicant therefore lacked jurisdiction and her application must be dismissed.
25 Jul 1989

FIRST PACIFIC BANK LTD. v. ROBERT H.P. FUNG

Citation

FIRST PACIFIC BANK LTD. v. ROBERT H.P. FUNG
Court

Court of Appeal
Case number

CACV37/1989

By majority the Court of Appeal held that s.129 of the Banking Ordinance Cap.155, as amended by s.27 of the 1987 Amendment, applied so as to render enforceable principal debts despite contraventions of s.23(1) of the repealed Banking Ordinance 1964 and that, absent any prohibition, guarantees securing such debts are also enforceable; the 1987 amendment was properly read (or treated as intended) to have retrospective effect to the commencement of the 1986 Ordinance for the purposes of these proceedings; accordingly answers to the preliminary questions were: (i) yes, (ii) no, (iii) yes.
8 Feb 1983

BESAN LTD v. EVERLIGHT COMMODITIES LTD

Citation

BESAN LTD v. EVERLIGHT COMMODITIES LTD
Court

Court of Appeal
Case number

CACV97/1982

The appeal was allowed because the court found that absence of written consent to the alleged subletting had not been proved and the pleadings did not constitute an admission; separately, the court held that the subsequent amendments to Section 53 did not operate retrospectively to alter the law applicable to actions begun before the amendment, so the judge should have required affirmative proof of lack of written consent and erred in relying on the pleadings as evidence.

Hong Kong Case Law

NARINDER SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

LI BARK SHING AND ANOTHER v. THE INCORPORATED OWNERS OF HONG YUEN COURT

DIANA GEMING FU v. KEENDIC INDUSTRIAL LTD

FIRST PACIFIC BANK LTD. v. ROBERT H.P. FUNG

BESAN LTD v. EVERLIGHT COMMODITIES LTD