July 2026: Essential Hong Kong Case Updates

Contract — Illegality — Cross-border currency exchange transactions — Not enforceable due to illegality of transaction in Mainland China — Claim in unjust enrichment governed by Hong Kong law — Whether claim be defeated by foreign illegality — Proper approach — Whether Hong Kong courts should adopt flexible and 'range of factors' approach

Courts and Judicial System — Precedent — Stare decisis — Change in law by United Kingdom Supreme Court would not without more represent change in common law of Hong Kong — Consideration of merits and circumstances — Assumed position in law — Whether longstanding or of recent origin

Contempt of Court — Committal — Failing to comply with interlocutory injunction — Judicial basis for holding defendant liable for contempt for acts of others — Liability based on imputation and liability based on requirements implied into injunction — Imputation basis different from vicarious liability — Rules of the High Court (Cap 4A) O 52

Contempt of Court — Civil contempt — Aiding and abetting breach of undertaking to the Labour Tribunal to only use the transcript for purposes in connection with the appeal proceedings — Sentencing — Whether imprisonment appropriate — Expression of unreserved remorse — Contempt purged — Totality of sentence
Contempt of Court — Criminal contempt — Scandalising the court — Sentencing — Making insulting, abusive, offensive, scurrilous, ridiculing or harassing remarks against judicial officer of Labour Tribunal in proceedings — Whether imprisonment appropriate — Expression of unreserved remorse — Contempt purged — Totality of sentence

Civil Procedure — Interlocutory appeal — Leave to appeal — Hadkinson order preventing application to set aside Hong Kong International Arbitration Centre partial award — Whether case management decision — Whether determined substantive rights of parties — Prospects of success of intended appeal — High Court Ordinance (Cap 4) s 14AA(4) — Rules of the High Court (Cap 4A) O 1B r 1(2)(l)

Receivership — Retrospective leave to commence action against former Court-appointed receivers — Whether claims abuse of process — Whether pleading disclosed arguable claim — Exercise of discretion

Companies and Corporations — Directors — Resolution of board — Validity — Requirement of notice — Articles of association — Irregularity principle — Companies Ordinance (Cap 622) ss 724, 725

Land — Land registration — Vacation of registration — Husband registered owner of property — Wife's alleged beneficial interest in property — Claim in divorce proceedings for ancillary relief — Claim for monetary judgment and vacant possession — Registration of Form A with Land Registry — Knowledge of claims for vacant possession of property — Land Registration Ordinance (Cap 128) s 19

Family Law — Wardship — Child abduction — Return order — Contempt — Hadkinson order — Mother's deliberate and continuing breach of order to return child from Taiwan to Hong Kong — Whether contempt impeded course of justice — Whether other realistic and effective remedies available — Proportionality — Best interests of child — Whether mother be barred from pursuing relocation application unless and until she complied with return order — Basic Law of the Hong Kong Special Administrative Region art 35 — High Court Ordinance (Cap 4) s 26 — Guardianship of Minors Ordinance (Cap 13) — Child Abduction and Custody Ordinance (Cap 512) — Rules of the High Court (Cap 4A) O 90

Criminal Law — Rape — Directions to jury — Lucas direction — Alleged lies told to wife and police — Whether specific direction required — Whether summing up fair and balanced

Arbitration — Arbitral award — Setting aside — Award made pursuant to early determination procedure under 2018 HKIAC Administered Rules — Whether tribunal failed to comply with agreed procedure — Whether award manifestly incoherent — Arbitral tribunal's alleged failure to give reasons in award — Inadequate reasons in award — Whether applicants was not able to present case before arbitral tribunal — Whether award contrary to public policy — UNCITRAL Model Law on International Commercial Arbitration arts 34(2)(a)(ii), (iii), (iv), (b)(ii)

Conflict of Laws — Recognition and enforcement of judgment — Mainland judgments — Registration — Applications to set aside — Stay of proceedings pending Mainland retrial application — Whether pending retrial application without retrial order justified stay — Scope of court's case management powers — Public policy — Procedural fairness, notice and opportunity to be heard — Late applications — Whether Mainland interest components constitute penalty or 'fine or other penalty' — Enhanced interest — Default interest under loan agreement — Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 5, 18, 19 — Rules of the High Court (Cap 4A) O 71A