June 2026: Essential Hong Kong Case Updates

Rape — Non-consensual buggery — Whether the fact that appellant said to complainant that appellant raped another person was admitted as uncharged act — Whether voice messages sent by complainant to another person admissible as recent complaint — Directions to jury 

Trial — Vulnerable witness — Application by prosecution for leave to use television link for an adult complainant of rape to give evidence by live television link — Application for complainant to be accompanied by support person — Inordinate and unjustified delay — Merits of application — Balance of interests between complainant and defendant — Criminal Procedure Ordinance (Cap 221) s 79B(4A) — Live Television Link and Video Recorded Evidence Rules (Cap 221J) r 3 

Case management — Expert evidence — Single joint expert — Water seepage claim — Leave to adduce own expert report following submission of single joint expert report — Single joint expert failing to adequately address an issue 

Recognition and assistance — Foreign insolvency proceedings — Common law power of assistance — Voluntary liquidation — Luxembourg company — Centre of main interest — Whether voluntary liquidation constitutes collective insolvency proceedings — Whether court has jurisdiction to assist foreign office — Holder at common law — Powers of foreign liquidator — Scope and limits of court’s power of assistance 

Judicial review — Commissioner of Registration — Decision to declare permanent identity card invalid — Registration of Persons Tribunal — Statutory framework — Whether applicant had right of abode in Hong Kong — Applicant Mainland national settling in Hong Kong on one-way permit based on marriage to HKSAR permanent resident — Ordinary residence in Hong Kong for more than 7 years — Marriage subsequently found to be void ab initio — Whether ‘proportionality’ should be recognized as independent ground of judicial review in Hong Kong — Immigration Ordinance (Cap 115) ss 2(2), (4); Sch 1 para 2(b) — Registration of Persons Ordinance (Cap 177) s 3D 

Judicial Review — Secretary for the Civil Service — Disciplinary proceedings against civil servant — Dismissal from civil service teaching post — Misconduct under s 10 of the Public Service (Administration) Order — Applicant posted on Facebook attacks on police during 2019 social unrest in Hong Kong — Whether decision irrational — Appropriate alternative of compulsory retirement — Whether judge assumed role of decision-maker — Primary aim of sanction to reflect gravity of misconduct, maintain standard of the profession, protect the public and preserve public confidence — Disciplinary sanction not primarily punitive — Reputation of profession more important than fortune of any individual member — Disciplinary authority best qualified to reach appropriate sanction and in best position to decide how best to achieve deterrence — Due deference of court to authority’s judgment on appropriate sanction — Court would not lightly interfere with the sanction imposed by disciplinary authority — No general rule requiring disciplinary authority to consider lesser sanctions before imposing a greater one 

Judicial review — Appeal Tribunal (Buildings) — Demolition order — Failure to appeal within the prescribed time limit — Whether the Building Authority’s refusal to stay execution of the building order appealable — Building Ordinance (Cap 123) ss 24(1), 49 — Building (Appeal) Regulation (Cap 123L) s 4 

Arbitral award — Setting aside — Whether Settlement Agreement or Procedural Order was ‘arbitral award’ — Whether the terms of the settlement agreement contrary to scheme of arrangement — Signature without authority — Public policy — Arbitration Ordinance (Cap 609) s 81 

Mentally incapacitated person — Transfer of property — Authority by Mainland Court of mother to manage property — Appointing a senior member of the firm of solicitors acting for applicant or alternatively a relative may still be straightforward options — Practice note — Mental Health Ordinance (Cap 136) s 23 

Tso and t’ong — Tso member of business t’ong — Whether limitation period runs afresh in adverse possession claims where new member of tso born — Nature of ownership of land by business t’ong — New Territories Ordinance (Cap 97) s 15 

Accountancy — Certified public accountant — Disciplinary proceedings — Professional irregularities and misconduct regarding audits — Failure to devise internal controls — Determination of misconduct and assessing appropriate sanction — Accounting and Financial Reporting Council — Leave to appeal from determination of Accounting and Financial Reporting Tribunal — Prospects of success — More than just arguable case — Some other reason in the interest of justice — Non-exhaustive — Special circumstances — Stay application — Accounting and Financial Reporting Council Ordinance (Cap 588) s 37ZI