August 2026: Essential Hong Kong Case Updates

Civil Procedure — Parties — Mentally incapacitated person — Examination of mental capacity — Whether court could appoint psychiatrists to examine party — Guardian ad litem — Appointment after proceedings begun — Opposition — Suitability of proposed guardian ad litem — Whether opposing party should be permitted to interfere absent prejudice — Costs — Indemnity basis of taxation — Intermeddling in appointment procedure — Rules of the High Court (Cap 4A) O 1A r 1; O 40 r 1; O 80 r 3(5), (6), (8)

Bribery, Corruption and Organized Crime — Conspiracy for agent to solicit advantage — Dealing with property known or believed to represent proceeds of indictable offence — Undercover investigation on secret commissions — Covert recording by undercover ICAC officers pursuant to prescribed authorizations — Authorization — Law enforcement officer giving authorization on basis of unsworn material — Judicial review of constitutional validity of authorization scheme — Whether court erred to adopt manifestly without reasonable foundation standard — Legislation importing standard of ‘reasonable necessity’ for executive authorisations of intrusions into target’s privacy via ‘Type 2’ surveillance which includes audio, optical and tracking measures — Prohibition against disclosure — Remedial interpretation — Justification for withholding or redaction of contents of applications for prescribed authorization — Interception of Communications and Surveillance Ordinance (Cap 589) ss 2, 3, 61

Constitutional Law — Basic Law of the HKSAR — Protection of fundamental rights — Privacy — Right to fair trial — Covert surveillance — Executive authorization — Judicial review of authorization scheme — Appropriate standard of review — Whether product of covert surveillance should be disclosed — Whether statutory restriction applied — Whether common law rules on disclosure applied — Interception of Communications and Surveillance Ordinance (Cap 589) ss 2, 3, 61

Human Rights — Privacy — Right to fair trial — Covert surveillance — Executive authorization — Judicial review of authorization scheme — Appropriate standard of review — Whether product of covert surveillance should be disclosed — Whether statutory restriction applied — Whether common law rules on disclosure applied — Interception of Communications and Surveillance Ordinance (Cap 589) ss 2, 3, 61

Criminal Law — Taking unauthorized article out of prison — Document — Complaint form from prisoner to Ombudsman — Whether article authorized to be carried out of prison without further authorization from Commissioner of Correctional Services — Whether particular Prison Rule served to authorise defendant to carry complaint form out of prison without usual screening by the Correctional Services Department — Prisons Ordinance (Cap 234) s 18(1) — Prison Rules (Cap 234A) rr 47(4), 47A, 47C

Criminal Law — Conspiracy to defraud — Sentencing — Undue delay — Appellants having to undergo three trials over 16 years — Appropriate discount — Appellants in and out of custody — Whether appellants should be returned to prison — Breach of fiduciary duty — Differentiation between roles of co-conspirators — Taking account of remission — Prison Rules (Cap 234A) r 69

Criminal Law — Trafficking in dangerous drug — Cocaine — Ketamine — Sentencing — Direct trafficking in public places — Individual and combined approaches to sentencing — Combined approach fairest for trafficking in multiple drug types — Six-step structure anchored in sentencing guidelines for drug trafficking — Application of revised sentencing guidelines — Checking tests on appropriateness of upward adjustment — Absurdity, conversion tests no longer serve useful purpose — Ratio test appropriately deployed in secondary role as cross check — Dangerous Drugs Ordinance (Cap 134) s 4(1)(a), (3)

Criminal Law — Conspiracy to defraud — False representation in respect of publicly listed company regarding acquisition of shares in another company — False representation that parties being acquired were independent third parties to publicly listed company and connected persons — False representation of gross profits and value of properties — Change of prosecution case — Working together on same side allegation — Whether defendant had interest — Intention to prejudice public duty of Stock Exchange of Hong Kong — Expert witness — Summing up — Elements of all counts — Whether proceedings should have been permanently stayed — Reliance by prosecution of how issues previously determined by Court of Appeal — Whether previous determination binding or persuasive only

Administrative Law — Judicial review — Hong Kong Housing Authority — Leave to apply for judicial review — Public rental housing — Estate management enforcement — Marking Scheme — Actual practice requiring neighbourhood misdeeds to be ‘caught red-handed and eye-witnessed’ — Whether inconsistent with the true interpretation of the relevant policy — Reliance on video recording evidence provided by tenant — Noise nuisance requirements — Whether inconsistent with policy guidance — Whether error led to failure to take into account relevant considerations — Extension of time to apply for leave — Relief

Administrative Law — Judicial review — District court — Defendants acquitted for money-laundering offences — Refusal to award costs — Whether reasons for refusing costs contradict with reasons for acquittal — Litigation conduct of defendants — Whether bringing suspicion upon themselves and misleading prosecution conjunctive criteria for refusing costs — Whether matter become academic — Costs in Criminal Cases Ordinance (Cap 492) s 5

Criminal Procedure — Costs — Acquittal after trial — Refusal to award costs to defendants — Whether defendants brought suspicion upon themselves and/or had misled prosecution on strength of case — Judicial review — Costs in Criminal Cases Ordinance (Cap 492) s 5

Tort — Defamation — Libel — Facebook post from family dispute — Subsequent publications — Whether words defamatory — Embezzlement sting — Liability — Republication — Justification — Fair comment — Reply-to-attack qualified privilege — Quantum of damages — Whether tremendous distress from libel contributed to miscarriage — Counterclaim — Responses to Facebook post — Apology — Jurisdiction to order unwilling defendant to apologise

Land — Co-ownership — Tenants-in-common — Partition — Application for sale of entire multi-storey building as a whole or on a floor-by-floor basis — Which parts could be partitioned — Whether en bloc sale beneficial to all the co-owners — Partition Ordinance (Cap 352) ss 2, 3(1), (2), 4(2), 5, 6

Health and Safety — Employees’ compensation — Assessment of compensation — Permanent incapacity — Care and attention — Statutory maximum — Earnings — Cash earnings — Temporary incapacity — Certificate of Assessment (Form 7) — Period of absence from duty — Judicial discretion — Statutory holidays — Employees’ Compensation Ordinance (Cap 282) ss 8, 10, 11, 16H