07 Jul 2025
June 2025 Legal Case Updates
We're pleased to present this month's collection of newly reported cases covering various practice areas including criminal law, civil procedure, administrative law and more. Each case includes catchwords highlighting key legal issues.
All cases are linked to Lexis+® Hong Kong. Please log in to the platform to ensure a consistent experience before accessing the links.
New cases reported in HKC June 2025:
Criminal Law
Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Chan NPJ
FACC No. 12 of 2024; [2025] HKCFA 4
Date of Hearing: 10 January 2025, 6 March 2025
| Key Legal Issues | Criminal Law – Offence endangering national security – Uttering seditious words – Jurisdiction of District Court to try offence – Whether offence indictable or summary offence – Whether prosecution required to prove intention to incite violence – Crimes Ordinance (Cap 200) ss 9, 10 –Magistrates Ordinance (Cap 227) ss 88(1), 92, Second Schedule – Hong Kong Bill of Rights Ordinance (Cap 383) art 16 – Safeguarding National Security Ordinance (6 of 2024) |
Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Chan NPJ
FACC Nos. 10 and 11 of 2024 (Heard together); [2025] HKCFA 3
Date of Hearing: 8 January 2025, 6 March 2025
| Key Legal Issues | Criminal Law – Offences endangering national security – Implementation Rules to Law of the People’s Republic of China on Safeguarding National Security in the HKSAR – Failure to comply with notice served on organization – Whether prosecution required to prove organization was foreign agent and defendants office bearers of it – Validity of notice – Whether defendants excluded from challenge in defence in criminal trial – Substantial and grave injustice – Public interest immunity claims – Fair trial – Heavily redacted materials – Self-defeating for prosecution to prove case –Depriving defendants of fair trial – Implementation Rules for Article 43 of the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region Sch 5, ss 1, 3(1), (3)(b) |
Civil Procedure
HOLINAIL H K LIMITED v MATTHIAS POU & ORS [2025] 3 HKC 672; [2025] HKCU 1275; [2025] HKCFI 1157
Hon H. Au-Yeung J in Chambers (Open to Public)
HCA 2397/2024; [2025] HKCFI 1157
Date of Hearing: 10 March 2025, Date of Decision: 10 March 2025
| Key Legal Issues | Civil Procedure – Mareva injunction – Extension of time to file evidence – Practitioners under duty to clients not to incur costs unnecessarily and be reasonable in conduct of case including applications for extension of time – Party making application normally not to ask to be excused from attending hearing – Interlocutory applications normally be made by summons – Court not to take heed of correspondence save on administrative and clerical matters not involving exercise of judicial power – Rules of the High Court (Cap 4A) O 1A r 1(c) Civil Procedure – Costs – Basis of taxation – Standard or indemnity basis – Conduct of parties – Parties should not make unmeritorious applications for indemnity costs orders – Parties should consider the seriousness of the case and proportionality when considering whether indemnity costs should be pursued |
Judge Elaine Liu
MATRIMONIAL CAUSES NO 7628 OF 2023, [2025] HKFC 56; [2025] HKFC 1642
Date of Hearing: 19 March 2025
| Key Legal Issues | Civil Procedure – Parties – Joinder – Ancillary relief in divorce – Intervention in determination of interest and disposition of matrimonial home – Property subject to charging order |
Judge Phillis Loh
EMPLOYEES’ COMPENSATION CASE NO 491 OF 2023, [2025] HKDC 480; [2025] HKCU 1280
4, 18 December 2024 AND 17 January, 24 March 2025
| Key Legal Issues | Civil Procedure – Costs – Sanctioned payment – Leave to accept out of time – Whether costs sanctions not automatically applicable – Employees’ compensation – Rules of the District Court (Cap 336H) O 22 rr 3, 23(1), (3) |
Criminal Procedure
HKSAR v ISLAM JAVED IQBAL [2025] 3 HKC 786; [2025] HKCU 1208; [2025] HKCA 298; [2025] 2 HKLRD 503
Hon Macrae VP, Zervos and M Poon JJA in Court
CACC 33/2023; [2025] HKCA 298
Date of Hearing: 19 March 2025, 19 March 2025
| Key Legal Issues | Criminal Procedure – Appeal – Conviction of murder – Death of appellant with leave to appeal – Legal aid certificate discharged – Lack of application for substitution for appellant in proceedings – Whether appeal should abate or continue – Criminal Procedure Ordinance (Cap 221) s 82(2) |
Family Law
J v Q AND ANOTHER [2025] 3 HKC 541; [2025] HKCU 1045; [2025] HKCFI 632
Hon Winnie Tsui J in Chambers (Not open to the public)
HCMP 2563/2024 & HCMP 2721/2024 (Heard together); [2025] HKCFI 632
Date of Hearing: 6 February 2025, 20 February 2025
| Key Legal Issues | Family Law – Children – International child abduction – Wardship – Whether child to be returned to Shanghai or Japan – Whether children habitually resident in Japan – Factors to consider – Best interests of child – High Court Ordinance (Cap 4) s 26 – Convention on the Civil Aspects of International Child Abduction arts 3, 12, 13 |
Conflict of Laws
苏州高新文旅集团有限公司 v 電競國際集團有限公司 [2025] HKCU 1146; [2025] HKCFI 1015; [2025] 3 HKC 703
Deputy High Court Judge Alan Kwong in Chambers (Open to Public)
HCRE 28/2024; [2025] HKCFI 1015
Date of Hearing: 4 March 2025, 14 March 2025
| Key Legal Issues | Conflict of Laws – Recognition and enforcement of judgments – Mainland judgments – Registration – Setting aside – Whether there was ‘choice of mainland court agreement’ – Whether mainland judgment involved penalty – Whether defendant was summoned to appear before Mainland court –Whether court fees stated in registration order inflated – Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 3(2), 18(1)(f),(2) – Rules of the High Court (Cap 4A) O 20 r 11 |
Companies and Corporation
Deputy High Court Judge Gary CC Lam in Court
HCCW 3/2025; [2025] HKCFI 1121
Date of Hearing: 17 March 2025, Date of Judgment: 17 March 2025, 18 March 2025
| Key Legal Issues | Companies and Corporations — Winding-up — Petition — Unpaid costs orders — Cross-claim based on ongoing main claim — Whether cross-claim ground for opposing petition — Setting aside of costs orders — Abuse of process — Joinder of director for costs |
Competition Law
COMPETITION COMMISSION v GRAY LINE TOURS OF HONG KONG LTD & ORS [2025] 3 HKC 1006
Harris J, President
COMPETITION TRIBUNAL ENFORCEMENT ACTION NO 1 OF 2022, [2025] HKCT 2; [2025] HKCU 1309
29/ 11/ 2023 AND , 25/03/ 2025
| Key Legal Issues | Competition Law – Enforcement action – First conduct rule – Price fixing arrangement – Pecuniary penalty – Approach in assessment – Whether to depart from structured approach – Competition Ordinance (Cap 619) ss 6, 93(1), (2) |
Courts and Judicial System
ENHANCED SECURITIES LTD (進陞證劵有限公司) v TAM SIU HANG (譚紹亨) [2025] 3 HKC 1031
COURT OF FIRST INSTANCE
Au-Yeung J
ACTION NO 826 OF 2022, [2025] HKCFI 1351; [2025] HKCU 1397
10 December 2024 and 7 January, 31 March 2025
| Key Legal Issues | Courts and Judicial System – Transfer – Transfer from the Court of First Instance to the District Court – Pre-judgment interest – Whether should be put aside in determining whether claim falling within monetary jurisdiction of District Court – District Court Ordinance (Cap 336) ss 32, 49(7) |
These comprehensive revisions ensure that you have access to our updated legal resources available in Hong Kong. Our timely updates reflect our latest judicial decisions, legislative changes, and regulatory developments available, positioning you at the forefront of legal practice.
We invite you to explore these updated resources and consider how they can enhance your practice and benefit your clients.
We look forward to bringing you further updates in our next update.