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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...
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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 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 July 2025:
Criminal Law
HKSAR v XIAO CHUNQIANG (肖春強), CRIMINAL APPEAL NO 116 OF 2022, [2025] HKCA 323, [2025] 4 HKC 212
Deputy High Court Judge Le Pichon in Chambers
HCMP 2501/2024; [2025] HKCFI 1348
Date of Hearing: 14 March 2025, 3 April 2025
| Key Legal Issues |
Civil Procedure – Parties – Deceased person – Whether proceedings could be commenced on behalf of intestate deceased before grant of representation – Rules of the High Court (Cap 4A) O 15 r 6A Wills, Probate, Administration and Succession – Administration of deceased’s estate – Deceased died intestate – Whether proceedings could be commenced on behalf of deceased before grant of representation – Application for convening of extraordinary general meeting – Whether nullity – Whether application could be saved by subsequent resealing of foreign grant – High Court Ordinance (Cap 4) ss 54A, 55 – Limitation Ordinance (Cap 347) s 35(8) |
Chief Justice Cheung, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Lam PJ and Mr Justice Allsop NPJ
FACC No. 8 of 2024; [2025] HKCFA 7
Date of Hearing: 12 February 2025, 1 April 2025
| Key Legal Issues |
Civil Procedure – Parties – Deceased person – Whether proceedings could be commenced on behalf of intestate deceased before grant of representation – Rules of the High Court (Cap 4A) O 15 r 6A Wills, Probate, Administration and Succession – Administration of deceased’s estate – Deceased died intestate – Whether proceedings could be commenced on behalf of deceased before grant of representation – Application for convening of extraordinary general meeting – Whether nullity – Whether application could be saved by subsequent resealing of foreign grant – High Court Ordinance (Cap 4) ss 54A, 55 – Limitation Ordinance (Cap 347) s 35(8) |
Civil Procedure
CHOI HONG YING & ANOR v TSOI KWOK WAI & ANOR, HIGH COURT ACTION NO 82 OF 2024, [2025] HKCFI 1279, [2025] 4 HKC 81 Hon H. Au-Yeung J in Chambers (Open to Public)
Recorder Suen, SC
HIGH COURT ACTION NO 82 OF 2024, [2025] HKCFI 1279; [2025] HKCU 1279
20,,28 March 2025
| Key Legal Issues | Civil Procedure – Summary judgment – Action for declaration of nullity of transfer of company shareholdings – Common mistake – Whether credible defence shown – Whether defence shadowy – Whether leave to defend be granted subject to conditions |
Deputy High Court Judge Jonathan Wong in Chambers
HCMP 2109/2022; [2025] HKCFI 1296
31 March 2025
| Key Legal Issues | Civil Procedure – Action – Stay of proceedings – Action for specific performance of property transfer agreement between Mainland parties – Agreement containing non-exclusive jurisdiction clause in favour of Hong Kong court – Whether Hong Kong court not having jurisdiction to determine disputes concerning immovable property outside Hong Kong – Whether strong, overwhelming or exceptional reasons that the proceedings should be stayed – Rules of the High Court (Cap 4A) O 12 r 8 |
Civil Procedure/ Wills, Probate, Administration and Succession
CHING MUN FONG (程孟芳) (ALSO KNOWN AS CHING FOOK FOOK (程褔褔)), DECEASED & ANOR v HOCK KIM THYE (MACHINERY) LTD (褔金泰機械有限公司) & ORS, MISCELLANEOUS PROCEEDINGS NO 2501 OF 2024, [2025] HKCFI 1348, [2025] 4 HKC 165
Deputy High Court Judge Le Pichon in Chambers
HCMP 2501/2024; [2025] HKCFI 1348
Date of Hearing: 14 March 2025, 3 April 2025
| Key Legal Issues | Civil Procedure – Parties – Deceased person – Whether proceedings could be commenced on behalf of intestate deceased before grant of representation – Rules of the High Court (Cap 4A) O 15 r 6A Wills, Probate, Administration and Succession – Administration of deceased’s estate – Deceased died intestate – Whether proceedings could be commenced on behalf of deceased before grant of representation – Application for convening of extraordinary general meeting – Whether nullity – Whether application could be saved by subsequent resealing of foreign grant – High Court Ordinance (Cap 4) ss 54A, 55 – Limitation Ordinance (Cap 347) s 35(8) |
Civil Procedure/ Tort
Hon H. Au-Yeung J (Paper Disposal)
HCA 518/2022; [2025] HKCFI 1812
Dates of Written Submissions: 27 December 2024, 24 January 2025 and 14 February 2025, 2 May 2025
| Key Legal Issues | Civil Procedure – Representative action – Striking out – Whether properly constituted – Whether claim constituted Jameel abuse of process that continuance to litigate claim would yield no tangible or legitimate benefit to claimant proportionate to the likely costs and use of court procedures – Rules of the High Court (Cap 4A) O 15 r 12(1); O 18 r 19 Tort – Harassment – Common law – Whether corporate entity has cause of action |
Civil Procedure/ Taxation and Revenue
Hon Kwan VP, Cheung JA and Barma JA in Court
CACV 3/2024; [2025] HKCA 398
Date of Hearing: 14 January 2025, 9 May 2025
| Key Legal Issues | Civil Procedure – Appeal – Appeal to Court of Appeal – Notice of Appeal – Amendment – New point raised by appellant – Issues outside of scope of the originally certified questions of law by the Court of First Instance – Objection upheld – Inland Revenue Ordinance (Cap 112) s 69 Taxation and Revenue – Salaries tax – Assessment – Income ‘arising in or derived from Hong Kong’ – Whether it means the situs of employment or the place where services concerned were rendered – Deemed locality of employment – Residence of the employer – Whether employment in relevant years of assessment a Hong Kong employment – Factors for determining the location of a company’s residence – Inland Revenue Ordinance (Cap 112) s 8(1) |
Taxation and Revenue
Hon K Yeung J in Court
HCIA 7/2022; [2025] HKCFI 1282
Dates of Hearing: 26 and 27 September 2024, 26 March 2025
| Key Legal Issues | Taxation and Revenue – Profits tax – Source of profits – Whether profits 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 |
Family Law
Judge G Own
MATRIMONIAL CAUSES NO 3927 OF 2015, [2025] HKFC 85; [2025] HKCU 2695
Dates of hearing: 23 July, 16 August 2024 and , 16 May 2025
| Key Legal Issues | Family Law – Divorce – Ancillary relief – Settlement – Consent order – Payment of lump sum instalments – Application for variation – Material change of circumstances – Change of circumstances brought about by applicant – Relevant principles – Matrimonial Proceedings and Property Ordinance (Cap 192) s 11(1), (2) |
Administrative Law
Hon Coleman J in Chambers (Open to Public)
HCAL 1256/2024; [2025] HKCFI 1447
Date of Hearing: 7 April 2025, 11 April 2025
| Key Legal Issues | Administrative Law – Judicial review – Practice – Substitution of applicant – Applicant sought to withdraw after legal aid refused – Substitute applicant sought to continue proceedings – Sufficiency of identity of interest between applicant and substitute applicant – Leave to apply for judicial review already granted – Relevant principles – Court can permit individual claimant bringing proceedings on behalf of a wider group to be substituted by another such claimant – Decision challenged involved protection of environment in government development – Public interest in challenging decision – Timing of application important for finality |
Land Law
Judges: AU-YEUNG J
Judgment Date: 16/5/2025
| 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) |
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