Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Tracing of misappropriated funds

Legal area

Court

16 Oct 2025

HAN JOHN ALEXANDER v. HONGKONG AUTOPAL INDUSTRIAL DEVELOPMENT CO LTD AND ANOTHER

Citation

[2025] HKCFI 4987
Court

Court of First Instance
Case number

HCA954/2022

On the balance of probabilities Autopal failed to discharge the burden of proving the asserted gold sale and that it was a bona fide purchaser for value without notice or that it changed position in good faith; accordingly the USD900,000 is held on trust for the Plaintiff (traceable property) and the Plaintiff is entitled to a declaration, an account and inquiry and payment of any sums found due together with interest; Omega is liable for breach of contract but damages are limited to the pleaded sum of USD900,000 with interest from 18 July 2023.
11 Jul 1984

BANCO AMBEROSIANO ANDINO SA v. BANQUE NATIONALE DE PARIS

Citation

BANCO AMBEROSIANO ANDINO SA v. BANQUE NATIONALE DE PARIS
Court

Court of First Instance
Case number

HCA4672/1984

On a strong prima facie factual and equitable case that the plaintiff's funds had been misappropriated and passed through accounts of the defendant banks, the court will order banks to disclose account information and related documents to enable tracing; where disclosure would be rendered ineffective by notifying the customer, the court may temporarily restrain the bank from informing the customer, subject to safeguards including undertakings in damages and payment of expenses.