January 2026: Essential Hong Kong Case Updates

Interlocutory injunction — Anti-suit injunction — Arbitration clause for arbitration proceedings in Hong Kong — Whether comity relevant consideration — Whether relevant disputes within ambit of arbitration clause — Whether good reasons why court should not exercise discretion to grant injunction — Substituted service — Whether should be set aside — Arbitration Ordinance (Cap 609) s 45 — Rules of the High Court (Cap 4A) O 11 r 5A 

Default judgment — Setting aside — Irregular judgment — Residual discretion — Consent order — Charging order — Whether be made absolute — Abuse of process — Unless order by consent — Relief from sanction — Rules of the High Court (Cap 4A) O 10 r 1(2)(b); O 13 r 9 

Theft — Chose in action — Bank account balances — Ownership of chose in action — Quistclose trust — Appropriation — Dealing of money in own accounts — Theft Ordinance (Cap 210) s 6(2) 

Criminal Law — Attempted murder — Intent to kill — Sentencing — Very serious offence — Absence of guidelines — Attempt to suffocate former partner — Intentional starting of fire in public housing unit at night an aggravating factor — Whether starting point of 12 years’ imprisonment appropriate — Crimes Ordinance (Cap 200) ss 159G, 159J(1)(a)  

Trafficking in dangerous drug — Sentencing — Guilty plea — 26.6 gm of a solid containing 1.38 gm of methamphetamine and 14.9 gm of crystalline solid containing 14.7 gm of methamphetamine — Role akin to courier/storekeeper — 60 year old offender with 12 drug related convictions — Enhancement of sentence because of appalling record — Balancing punitiveness for criminal record against comparative seriousness of current offence — Reoffending within short time of prison release — Appropriate starting point — Appropriate enhancement 

Administrative Law — Judicial review — Appeal tribunal (buildings) — Multi-storey building — Drainage — Repair order served on owner of unit with exclusive use and benefit of pipe — Means of access to another unit to effect repairs — Options to ensure effective enforcement of repair order — Statutory interpretation — Buildings Ordinance (Cap 123) ss 22, 28(3) 

Words and Phrases — ‘the drains or sewers of any building’ — ‘the owner of such building’ — Buildings Ordinance (Cap 123) s 28(3) 

Judicial review — Mental hospital — Leave to apply for judicial review — Whether patients aware of right to effective representation on application to Mental Health Review Tribunal for discharge and for review of case — Whether breach of common law and constitutional rights to liberty — Whether breach of procedural fairness and right to fair hearing — Mental Health Ordinance (Cap 136) ss 42B, 59B, 68A — Mental Health Review Tribunal Rules (Cap 136C)

Register of land — Notice issued against vice establishment — Vacation of registration of notice — Expiry of suspension — Whether notice no longer affecting land — Joinder — Crimes Ordinance (Cap 200) ss 145A(2), (3)(a), 153A, 153M(1), (2)