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May 2025 Legal Case Updates

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 May 2025:  

Criminal Law 

HKSAR v LI CHEUNG CHOI (李長再) (NO 2) COURT OF FINAL APPEAL FINAL APPEAL NO 9 OF 2024 (CRIMINAL), [2025] HKCFA 1, [2025] 3 HKC 55

CHEUNG CJ, RIBEIRO, FOK AND LAM PJJ AND LORD HOFFMANN NPJ

22 NOVEMBER 2024 AND 7 JANUARY 2025

Key Legal Issues Criminal Law – Murder – Diminished responsibility – Defendant claimed suffering from drug induced psychosis when strangled wife – Intoxication by methamphetamine – Defendant did not testify – Whether defendant’s statements to psychiatrists admissible as evidence of truth or hearsay – Directions to jury on unproven medical histories – Alternative verdict of suicide pact – Homicide Ordinance (Cap 339) s 3

SECRETARY FOR JUSTICE v SHIN DONG KI & ORS COURT OF APPEAL CIVIL APPEAL NO 29 OF 2023, [2025] HKCA 65, [2025] 3 HKC 87

KWAN VP, ZERVOS JA AND BARNES J

OCTOBER 2024 AND 8 JANUARY 2025

Key Legal Issues Bribery, Corruption and Organized Crime – Organized Crime – Restraint orders – Discharge or variation – Offence forming the basis of restraint order (conviction of tax evasion in Seoul) different from the specified offence (suspected money laundering in Hong Kong) – Transfer of funds by defendant between companies in Singapore and Hong Kong – Whether reasonable cause to believe that the defendant has benefited from specified offence – Tax evaded already paid in Seoul – Whether defendant received any payment or other reward in connection with the commission of an offence – Organized and Serious Crimes Ordinance (Cap 455) ss 2(8), 8(8B), 14(1)(c)(ii), 15 – Rules of the High Court (Cap 4A) O 117 r 4

Civil Procedure 

LAU CHUNG (劉聰) v HU​I KENG YEE (許競依) & ANOR COURT OF FIRST INSTANCE ACTION NO 561 OF 2019, [2025] HKCFI 359, [2025] 3 HKC 145

HERBERT AU-YEUNG J

28-29 OCTOBER 2024 AND 3, 21 JANUARY 2025

Key Legal Issues Civil Procedure – Action – Provisional striking out – Restoration – Good reasons – Non-attendance of pre-trial review – Counterclaim – Occupation of property – Proprietary estoppel – Promissory estoppel – Rules of the High Court (Cap 4A) O 25 rr 1B(3), 1C

BANK OF HULUDAO CO LTD (葫芦岛银行股份有限公司) v ZHONGYING INTERNATIONAL HOLDING GROUP LTD COURT OF FIRST INSTANCE ACTION NO 1656 OF 2022, [2025] HKCFI 729, [2025] 3 HKC 191

DEPUTY HIGH COURT JUDGE GRACE CHOW

5 FEBRUARY 2025

Key Legal Issues Civil Procedure – Discovery – Debarring plaintiff from adducing PRC judgment in action – Alleged fraudulent scheme – Judgment and factual finding of another court in earlier proceedings not admissible in subsequent proceedings – Estoppel per rem judicatum – Whether no findings on evidence recited

POOSAALA RAM PRASAD, father of POOSAALA RAJA RAM v CATHAY PACIFIC AIRWAYS LTD COURT OF FIRST INSTANCE ACTION NO 1575 OF 2016, [2025] HKCFI 416, [2025] 3 HKC 267

CHENG J

9 JANUARY, 7 FEBRUARY 2025

Key Legal Issues Civil Procedure – Action – Son was minor when action commenced – Father suing as son’s representative – Son now attained majority – Action struck out for want of prosecution – Application for correction of statement of claim sought to name father as plaintiff – Delay contumelious – Rules of the High Court (Cap 4A) O 15 r 6(5); O 80 r 2(3)

LAI CHIK KUN MICHAEL& ORS v THE BAPTIST CONVENTION OF HONG KONG & ANOR COURT OF FIRST INSTANCE ACTION NO 2741 OF 2018, [2025] HKCFI 647, [2025] 3 HKC 196

AU-YEUNG J

4, 11 FEBRUARY 2025

Key Legal Issues Civil Procedure – Trial – Defendant charitable institution – Direction for attendance and participation for Secretary of Justice – Parens patriae

Cross Border

RE 深圳前海东方瑞宸基金管理有限公司 COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NO 437 OF 2023, [2025] HKCFI 707, [2025] 3 HKC 202

DEPUTY HIGH COURT JUDGE KC CHAN

31 OCTOBER 2024 AND 14 FEBRUARY 2025

Key Legal Issues

Conflict of Laws – Recognition and enforcement of judgment – Mainland judgment – Registration – Whether Mainland judgments in questions ‘final and conclusive’ – Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 5(2)(c), 6

Words and Phrases – ‘final and conclusive’ – Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap 597) ss 5(2)(c), 6


Wills and Probate

YIP SAU CHING v YIP CHE SHING & ORS COURT OF FIRST INSTANCE PROBATE ACTION NO 31 OF 2018, [2025] HKCFI 657, [2025] 3 HKC 309

H AU-YEUNG J

21-23, 26-29 FEBRUARY, 1, 5-8, 11, 12, 14, 19, 20 MARCH, 11 JUNE 2024 AND 11 FEBRUARY 2025

Key Legal Issues Wills, Probate, Administration and Succession – Probate action – Validity of wills – Whether will in question tainted by lack of testamentary capacity, lack of knowledge and approval of contents, lack of testamentary intention and fraudulent calumny – Elements for stablishing fraudulent calumny

Administrative Law

TSU SZE YUEN STERLING v LAND REGISTRAR COURT OF FIRST INSTANCE CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 388 OF 2025, [2025] HKCFI 722, [2025] 3 HKC 455

COLEMAN J

19 FEBRUARY 2025

Key Legal Issues

Administrative Law – Judicial Review – Land Registrar – Leave to apply for judicial review – Refusal of registration of enduring power of attorney – Whether subject instruments registrable – Whether instrument affects the land – Meanings of the words ‘affect’ and ‘effect’ when used as verbs – Land Registration Ordinance (Cap 128) s 2(1)

Words and Phrases – ‘Affect’ – ‘Effect’ – Land Registration Ordinance (Cap 128) s 2(1)


Constitutional Law

HKSAR v SO TSUN FUNG COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO 457 OF 2023, [2025] HKCFI 916, [2025] 3 HKC 497

DEPUTY HIGH COURT JUDGE YIU

1 NOVEMBER 2024 AND 3 MARCH 2025

Key Legal Issues Elections – Corrupt and illegal conduct – Engaging in illegal conduct to incite another person not to vote or to cast invalid vote by activity in public during election period – Whether restriction of freedom of speech – Proportionality – Basic Law of the Hong Kong Special Administrative Region arts 25, 27 – Hong Kong Bill of Rights Ordinance (Cap 383) art 16 – Elections (Corrupt and Illegal Conduct) Ordinance (Cap 554) s 27A(1)

Company

CITIC LTD v COMPANY REGISTRATION NUMBER 3116975 LTD & ANOR COURT OF FIRST INSTANCE MISCELLANEOUS PROCEEDINGS NOS 2813 AND 2815 OF 2024, [2025] HKCFI 875, [2025] 3 HKC 521

DEPUTY HIGH COURT JUDGE JONATHAN CHANG SC

26 FEBRUARY, 3 MARCH 2025

Key Legal Issues

Companies and Corporations – Company register – Registration of documents – Declaration that documents null and void and of no effect – Rectification of information – Injunction – Companies Ordinance (Cap 622) s 42


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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