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
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 |
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
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 |
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
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
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
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
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 |
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