Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Witness conduct

  • 14 May 2013

    MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD

    Citation
    MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD
    Court
    Court of First Instance
    Case number
    HCA948/2009

    Application dismissed. Although the plaintiff's original claim was grossly exaggerated, the claim had been substantially reduced at trial; the discrete failed issues (primarily those tied to the Aberdeen site) accounted for only about 15% of the action's costs and did not justify a 50% reduction. The defendant itself contributed to wasted costs (including by witnesses' conduct) and did not make an adequate sanctioned payment to justify a greater departure from the payment-in rule. On balance the court will not apply the deprivation rule to vary the order nisi.

  • 22 May 1968

    MA KWAI YUK v. THE QUEEN

    Citation
    MA KWAI YUK v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC137/1968

    No prejudice resulted from the magistrate having a typed opening; provisional copies were properly rejected and the magistrate was entitled to disregard their contents; auditor's stamp was not decisive in face of clear evidence of manipulation and admissions by the accused; inducement can be inferred from the circumstances and did not require direct testimony; indemnity did not negate intent given other evidence of concealment; staleness of events did not defeat documentary proof; conviction and sentence were therefore upheld.