Case Updates

Editor’s Note: This digital version replaces the printed English and Chinese versions in the Journal. Please treat is as the correct and most updated version of the article. Ms Chu Ang (“Ms...
November 2020
Parties The Claimant was an employee in a solicitor firm, who worked as a secretary under an employment contract with a three-month probation period (“Employee”). The Defendant was the...
November 2020
Facts The applicant and the 4 interested parties took part in the annual march organized by the Civil Human Rights Front on 1st July 2014. On 4th July 2020, they were arrested by the police for (a...
October 2020
Introduction Section 6(6) of the Legal Practitioners Ordinance, Cap 159 ("the LPO") enjoins the Law Society to impose a two-year requirement when issuing a practising certificate to a solicitor....
October 2020
In this Court of Appeal case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019), the Court considered whether an employer can withhold a bonus payment after the payment due...
October 2020
Introduction This recent case laid down the principles on what a defendant should do in order to secure an appropriate discount for early pleas to lesser offences or alternative charges....
September 2020
Parties The 1st Plaintiff, Music Holdings, is a company beneficially owned by Mr Behringer. In 1999, Music Holdings purchased and at all material times thereafter owned a residential...
September 2020
Procedural History Ms. Chu (the Respondent in this appeal) was charged with accepting an advantage as an agent contrary to section 9(1)(a) of the Prevention of Bribery Ordinance (“POBO”). At the...
September 2020
Administrative law — Torture Claims Appeals Board — judicial review — abuse of process — appeal against striking-out of second application for leave to apply for judicial review in respect of same...
August 2020
Facts and Procedural History On 15th November 2012, the Appellant arrived in Hong Kong from Kuala Lumpur and her suitcase was inspected at the Hong Kong International Airport. After unzipping...
August 2020
In Competition Commission v W Hing Construction Co Ltd and Others [2020] HKCT 1 (29 April 2020) (“the judgment”), the Competition Tribunal (Godfrey Lam J, President) granted a declaration...
July 2020
Administrative law — Director of Administration — scheme requiring applications for use of East Wing Forecourt of Central Government Offices (CGO) for public meetings and processions — forecourt not...
July 2020
Mental health — compulsory detention at hospital — action for alleged personal injury arising out of compulsory detention — application for leave to commence proceedings under s. 69(2) — reasonably...
July 2020
Interpretation at Trial (2)​ In August 2019 we reported on the case of HKSAR v Moala Alipate 2019 [HKCA] 537 (http://www.hk-lawyer.org/content/interpretation-trial) where the Court of...
June 2020
Family law — divorce — ancillary relief — litigation funding — appeal against order requiring payment of funding per month without temporal limit and backdating of monthly payments — evidential...
June 2020
In LAI Chi Wai -v- TONG Hung Kwok and another (HCPI 1235/2014, [2020] HKCFI 628, judgement 23rd April 2020) Bharwaney J allowed a claim for a novel piece of equipment in Hong Kong, namely an...
June 2020
Civil procedure — costs — sanctioned offer or payment — plaintiff accepted defendant’s sanctioned payment — exceptional circumstances justifying departure from general rule under O. 22 r. 20(1) that...
May 2020
Arbitration — court-ordered interim measures — anti-suit injunction as interim measure under s. 45 — Arbitration Ordinance (Cap. 609) There were pending arbitration proceedings in Hong Kong...
May 2020
Criminal law and procedure — trial — summing-up — summing-up on issue as to drawing of inferences would be unbalanced if it did not deal with defence case, as well as prosecution case, on issue...
May 2020
In this case, the District Court considered issues surrounding a substantial claim for untaken annual leave and an employer’s duty to monitor and keep track of their employees’ annual leave...
April 2020