Case Updates

Human rights — equality before the law — sexual offences involving male homosexual conduct — Crimes Ordinance (Cap. 200) ss. 118G, 118H, 118J(1) and 118K unconstitutional as discriminatory against...
September 2019
Employment law — termination of employment — wrongful termination —appeal against findings in favour of employer on “valid reason” implied term — allowed, with case remitted for consideration of such...
September 2019
Bankruptcy – setting aside a statutory demand – misrepresentation – dispute covered by an arbitration clause – whether a statutory demand should be set aside because of an arbitration agreement – the...
September 2019
Civil procedure — application to appellate court for leave to amend pleadings after judgment given against applicants at first instance — proposed amendments raised new case and entailed withdrawal...
September 2019
Criminal law and procedure — trial — entitlement to interpretation facilities — component of right to fair trial — inadequacy of interpretation resulting in denial of fair trial D was convicted of...
September 2019
Civil procedure — default judgment for vacant possession to be set aside —whether decision that defence of adverse possession had no real prospect of success plainly wrong On 13 November 2015, P...
August 2019
Criminal evidence — previous conviction — discretion to allow cross-examination on defendant’s previous conviction for same offence — allowed on basis defendant had “lost shield” by making...
August 2019
Arbitration — arbitral award — appeal on question of law — application for leave to appeal judgment allowing appeal against interim award on question of law — whether intended appeal out of time —...
August 2019
Arbitration — appeal — leave to appeal — arbitral award — application for leave to appeal on point of law against arbitral award — not appropriate to rely on strong prima facie case approach for “...
July 2019
Human rights — habeas corpus — request for surrender of fugitive offender to foreign jurisdiction — documents to be produced to committal court — authentication of affidavits relied upon by...
July 2019
Criminal law and procedure — appeal — order for “loss of time” — approach — renewed leave application wholly unmeritorious and pursued after due warning of power to order “loss of time” — in such...
July 2019
Mental health — mentally incapacitated person (MIP) — appointment of committee — test and approach when deciding whether to appoint committee for MIP — Mental Health Ordinance (Cap. 136) Pt.II...
July 2019
Criminal sentencing — road traffic offences — dangerous driving — driving whilst disqualified — using motor vehicle without third party insurance — driving worst of its kind — blatant disregard for...
July 2019
Professions — architects — disciplinary proceedings — inquiry committee — no reasons given by committee for findings — decision confirmed by review committee — whether appellate court...
July 2019
Employment law — employee’s benefits — statutory entitlements — statutory entitlements to be reduced by payment of “team based” commission and team leader bonus — commission and bonus constituted...
July 2019
Administrative law — Independent Commission Against Corruption — decisions refusing criminal investigation of complaint and explanation for decision — refusal to grant leave to apply for judicial...
June 2019
Contempt of court — civil contempt — false admission in pleadings verified by signed statements of truth — whether constituted contempt — whether distinction between false admission and false...
June 2019
Bankruptcy — petition — jurisdiction over foreign debtor — debtor personally present in Hong Kong on day petition presented pursuant to jurisdictional gateway under Bankruptcy Ordinance (Cap. 6) s. 4...
June 2019
Courts and judicial system — judge — recusal — plaintiff had been witness and interested party in earlier arbitral proceedings in which deputy judge had acted as counsel for other side and cross-...
June 2019
Chinese customary law — succession — principles under Qing Code — deceased survived by daughters — succession to daughters as last resort Wills, probate and succession — administration of estate...
June 2019