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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...
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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...
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 August 2025:
Criminal Law
HKSAR v LI QINGBIN (李慶彬) [2025] HKCU 2699; [2025] HKCFA 9; [2025] 4 HKC 819
COURT OF FINAL APPEAL
Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Gummow NPJ
FACC NO. 7 OF 2024; [2025] HKCFA 9
Date of Hearing: 7 May 2025, 2 June 2025
| Key Legal Issues |
Making false representation to immigration officer – Using false travel document – Date of birth on passport – Whether principle of automendacity applicable – Whether false material particular – Mens rea – Whether defence of reasonable excuse implied – Traveller using automated |
Civil Procedure
李鳳欣 & ANOR v HARVEST TRADE INVESTMENTS LTD [2025] HKCU 3702; [2025] HKCFI 2885; [2025] 4 HKC 637
COURT OF FIRST INSTANCE
Deputy High Court Judge Jonathan Wong
Judgment Date: 16/5/2025
| Key Legal Issues | Originating summons – Restraining CIETAC Hong Kong arbitral proceedings – Whether there was valid arbitration agreement – Whether commencement of arbitration permissible under agreement – Abuse of process based on res judicata and issue estoppel – Whether new arbitration vexatious, oppressive and abusive – Disputes between parties already decided in prior Beijing arbitration – Whether right and just to grant injunction sought – High Court Ordinance (Cap 4) s 21L – Arbitration Ordinance (Cap 609) ss 3, 20 |
COURT OF FIRST INSTANCE
Hon K Yeung J in Chambers
HCA 1625/2024 HCMP 210/2025 (Heard Together); [2025] HKCFI 2370
Date of Hearing: 30 May 2025, 30 May 2025
| Key Legal Issues | Default judgment – Action for declaration and other relief by reason of identity fraud upon plaintiff – Sums received by defendants as result of fraud upon plaintiff – Application for vesting order – Whether could be granted – Execution – Garnishee order – Whether premature – Trustee Ordinance (Cap 29) s 52 – Rules of the High Court (Cap 4A) O 49 r 2 |
COURT OF FIRST INSTANCE
Deputy High Court Judge MK Liu in Chambers (Open to Public)
HCAP 44/2023; [2025] HKCFI 2352
Date of Hearing: 29 May 2025, 3 June 2025
| Key Legal Issues | Default judgment – Action for declaration and other relief by reason of identity fraud upon plaintiff – Sums received by defendants as result of fraud upon plaintiff – Application for vesting order – Whether could be granted – Execution – Garnishee order – Whether premature – Trustee Ordinance (Cap 29) s 52 – Rules of the High Court (Cap 4A) O 49 r 2 |
COURT OF FIRST INSTANCE
Deputy High Court Judge Andrew Li in Chambers (Paper Disposal)
HCPI 152/2021 and HCPI 153/2021; [2025] HKCFI 2445
Date of plaintiff’s solicitors and counsel’s written submissions: 3 January 2025, 6 June 2025
| Key Legal Issues | Costs – Wasted costs – Hearing of appeal wasted as result of breach of Practice Direction 5.4 by respondent’s solicitor and/or counsel – Whether costs wasted due to adjournment of hearing should be borne by respondent’s legal representatives – Whether there was improper act or omission on the part of respondent’s counsel – Whether approaching opponent seeking indulgence or consent for lateness in lodging skeleton submissions or list of authorities would excuse breach – High Court Ordinance (Cap 4) s 52A(6)(a) |
Civil Procedure/ Wills, Probate, Administration and Succession
COURT OF APPEAL
Hon Kwan VP, Cheung and G Lam JJA in Court
CACV 467/2022; [2025] HKCA 443
Date of Hearing: 29 April 2025, 14 May 2025
| Key Legal Issues | Probate – Validity of will – Testamentary capacity – Knowledge and approval of contents – Judicial copying – Whether there be re-trial – Re-evaluation of evidence – Deceased instructed solicitor’s clerk to prepare will and executed afterwards will prepared according to instructions derived in Hong Kong or overseas – Test for ascertaining geographical source of profits – Statutory onus upon taxpayer – Whether assessment of evidence overall fair and reasonable – Rule in Browne v Dunn – Inland Revenue Ordinance (Cap 112) s 14 |
Tort
DISTRICT COURT
Her Honour Judge Phillis Loh in Court
DCPI 741/2023; [2025] HKDC 814
Dates of Hearing: 7 and 8 April 2025, 21 May 2025
| Key Legal Issues | Negligence – Personal Injury – Accident at work – Breach of statutory duty – Failure to argue contributory negligence – Burden – Failure to exercise reasonable care for own safety – Contributed to the accident – Factories and Industrial Undertakings Ordinance (Cap 59) s 6A – Occupational Safety and Health Ordinance (Cap 509) s 7 – Factories and Industrial Undertakings (Woodworking Machinery) Regulations (Cap 59G) |
Arbitration
L v R [2025] HKCU 3723; [2025] HKCFI 3162; [2025] 4 HKC 763
COURT OF FIRST INSTANCE
Hon Mimmie Chan J in Chambers
HCCT 87/2023; [2025] HKCFI 3162
Date of Hearing: 18 July 2025, 18 July 2025
| Key Legal Issues | Arbitral award – Setting aside – Interlocutory applications – Practice for hearings conducted on the Arbitration List – Party not permitted unilaterally to set a summons down for hearing on the day set for the hearing of an earlier summons on a different subject matter – Arbitration Ordinance (Cap 609) s 3 |
A & ANOR v X [2025] HKCU 3789; [2025] HKCFI 2475; [2025] 4 HKC 971
COURT OF FIRST INSTANCE
Deputy High Court Judge MK Liu in Chambers (Not open to public)
HCMP 1535/2024; [2025] HKCFI 2475
Date of Hearing: 5 June 2025, 13 June 2025
| Key Legal Issues | Arbitration agreement – Application for stay of court proceedings in favour of arbitration – Whether waiver by defendant of right to arbitrate – Whether defendant had made first statement on substance of dispute presenting a bar to mandatory stay – Arbitration Ordinance (Cap 609) s 20 |
Conflict of Laws
COURT OF APPEAL
Hon Chu VP, Au and G Lam JJA in Court
CACV 118, 119, 120 & 121/2024; [2025] HKCA 462
Date of Hearing: 14 March 2025, 21 May 2025
| Key Legal Issues | Recognition and enforcement of judgments – Mainland Court ruling terminating enforcement proceedings – Mainland system of notarised debt instruments and their enforcement – Registration – Setting aside – Whether rulings or judgments that order payment of sum of money – Whether given by chosen court – Choice of Mainland court agreement – Not summoned to appear – Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 3(2), 5(2)(a), (e), 18(1)(f)(i) |
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.
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