We're pleased to present this month's collection of newly reported cases covering various practice areas, including criminal law, civil procedure, arbitration, and more. Each case includes catchwords highlighting key legal issues and a concise digest providing a snapshot of the case.
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 March 2025:
Criminal Law
HKSAR v CHEUNG KING SANG KINSON & ORS
[2025] 2 HKC 32
| Key Legal Issues | Offences Against the Person Ordinance (Cap 212) s 17(a) – Criminal Procedure Ordinance (Cap 221) s 101I(2), Incitement to wound police officers, sentencing principles for inchoate offenses, impact of media coverage as an aggravating factor, Sentencing |
| Case Overview | Following a lone-wolf attack where a police officer was stabbed, HKU Students' Union Council officers made public statements praising the attacker. The court established a 24-month imprisonment starting point, considering the seriousness of incitement to violence against law enforcement, the wide media coverage, and the standard discount for guilty pleas. |
Civil Procedure
P1 & ANOR v D
[2025] 2 HKC 50
| Key Legal Issues | Arbitration Ordinance (Cap 609) s 56 – Rules of the High Court (Cap 4A) O 23 r 1(1)(a), Security for costs in arbitration award challenges, relevance of residence status, discretionary factors, Application to set aside Hong Kong arbitral award, |
| Case Overview | The court clarified that in applications to set aside Hong Kong arbitral awards, the defendant's ordinary residence outside Hong Kong is irrelevant to security for costs determinations, rejecting the notion that security orders are typically limited to cases of potential impecuniosity. |
SHIU HUNG CHUNG v YIP CHIU LEUNG
[2025] 2 HKC 119
| Key Legal Issues | Rules of the High Court (Cap 4A) O 11 r 5(5), Service outside jurisdiction, validity of Hague Convention certificates, court communication protocols, validity of service, |
| Case Overview | The case addresses the validity of service through official certificates issued under the Hague Convention and establishes that courts will not consider correspondence except for administrative matters that don't involve judicial powers. |
Town Planning
HOSTFORD DEVELOPMENT LTD & ORS v TOWN PLANNING BOARD
[2025] 2 HKC 85
| Key Legal Issues | Town Planning Ordinance (Cap 131) s 12A Judicial review of zoning decisions, administrative delegation powers, procedural fairness in comment handling |
| Case Overview | This judicial review challenged a rezoning decision, examining whether the Town Planning Board acted ultra vires, improperly delegated powers, failed to consider relevant factors, inadequately presented objecting comments, or failed to provide sufficient reasoning for rejecting comments. |
Land Law
FALCOME CO LTD v INCORPORATED OWNERS OF ZJ 300 & ANOR
[2025] 2 HKC 136
| Key Legal Issues | Conveyancing and Property Ordinance (Cap 219) s 41(2) – Building Management Ordinance (Cap 344) s 18(2)(g), Building naming rights, Deed of Mutual Covenant, Naming rights of a building, Covenant benefits to land, Consent requirements for building name changes |
| Case Overview | The court examined whether building naming rights constitute a benefit to the land itself, finding that naming rights don't affect land occupation or value. The case also addressed whether unanimous consent from co-owners is required for building name changes. |
Companies and Corporations
YEUNG CHUN KEI v 2A LTD & ORS
[2025] 2 HKC 184
| Key Legal Issues | Companies Ordinance (Cap 622) ss 430, 618, 620(1), 740(1) , Shareholder document inspection rights, good faith requirements, proper purpose test |
| Case Overview |
This case outlines the scope of shareholders' rights to inspect corporate documents including financial statements, meeting minutes, shareholder resolutions, and management accounts, with emphasis on the good faith and proper purpose requirements. |
Health and Safety
GURUNG SANJAYA MAN v DELIVEROO HONG KONG LTD
[2025] 2 HKC 221
| Key Legal Issues | Employees’ Compensation Ordinance (Cap 282) s 5, Rules of the District Court (Cap 336H) O 18 r 19(1)(b),(d) , Health and Safety – Traffic accident- Food delivery driver- Supplier Agreement- Employment status of food delivery drivers, contractual classification vs. actual relationship |
| Case Overview |
A food delivery rider sought employee's compensation after a traffic accident. The supplier agreement classified him as an independent supplier who owned his equipment and wasn't obliged to accept work. The respondent sought to strike out the claim as frivolous because the applicant wasn't an employee and as abusive since he'd already received benefits from a voluntary insurance policy for non-employees. The court examined whether the driver was employed by the delivery company despite a "supplier agreement" suggesting independent contractor status. |
Cases to be reported:
Criminal Law
HKSAR v LI TIM CHUEN
[2025] 2 HKC 406
| Key Legal Issues | Sentencing for premeditated acid attacks, balancing severe offenses with elderly offender considerations |
| Case Overview | An 84-year-old former retirement home resident conducted a premeditated acid attack against staff members, causing permanent disfigurement and PTSD. Despite the offender's advanced age and likelihood of dying in prison, the court determined a severe sentence was necessary due to the planning, serious consequences, and history of violent offenses. |
Civil Procedure
BCPE DIAMOND HOLDCO SRL v SUNWE PLASTIC HK LTD & ORS
[2025] 2 HKC 415
| Key Legal Issues | Summary judgment criteria, unjust enrichment claims, bona fide purchaser defense |
| Case Overview | The court examines the requirements for summary judgment in the context of unjust enrichment and proprietary claims, with specific focus on the "bona fide purchase for value without notice" and "change of position" defenses. |
ECHELLES RIFFAUD SA v SECRETARY FOR JUSTICE
[2025] 2 HKC 503
| Key Legal Issues | Interest rate variations in judgments, government as receiving party, appropriate rate determinations |
| Case Overview | The court considered principles for varying interest rates when the government is the receiving party, examining the relationship between average borrowing rates and investment rates. |
Arbitration
CS v HKR
[2025] 2 HKC 340
| Key Legal Issues | Arbitration award appeals, questions of law, procedural requirements |
| Case Overview | The case addresses the procedural requirements and standards for obtaining leave to appeal arbitration awards on questions of law under Schedule 2, section 6(4) of the Arbitration Ordinance. |
These comprehensive revisions ensure that you have access to our updated legal resources available in Hong Kong. Our timely updates reflect our latest judicial decisions, legislative changes, and regulatory developments available, positioning you at the forefront of legal practice.
We invite you to explore these updated resources and consider how they can enhance your practice and benefit your clients.
We look forward to bringing you further updates in our next update.
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