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We're pleased to present this month's collection of newly reported cases covering various practice areas, including criminal law, civil procedure, administrative law and more. Each case includes catchwords highlighting key legal issues.
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 September 2025:
Civil Procedure
WONG KWEI PIU v CHOW CHI CHEUNG trading as SUN LEE CO [2025] HKCU 3270
Court: DISTRICT COURT
Judge: Her Honour Judge Levy
DCEC 1082/2017; [2025] HKDC 999
Judgement Date: 27/06/2025
| Key Legal Issues | Civil Procedure — Costs — Order nisi — Variation — Application for wasted costs order — Conduct of parties — Director of Legal Aid’s position — Rules of the High Court (Cap 4A) O 62 rr 3(2A), 5(1)(e) |
Court: HKDC
Judge: Judge G Own
Judgment Date: 23/06/2025
| Key Legal Issues | Civil Procedure — Appeal — Leave to appeal from the district court — Practice for application for leave to appeal from decision of Family Court — Active case management — Non-compliance with ‘New Arrangement’ — Risk of application being struck out or dismissed for failure to prosecute with due diligence — Factors to be taken into account in the balancing exercise of the parties — District Court Ordinance (Cap 336) s 63A — Rules of the District Court (Cap 336H) O 1A rr 1, 3, 4(1); O 1B |
Court: HKCFA
Judges: CHEUNG CJ, RIBEIRO, FOK AND LAM PJJ AND ALLSOP NPJ
Judgment Date: 23/06/2025
| Key Legal Issues | Civil Procedure — Costs — Order nisi — Variation — Appeal allowed by Court of Final Appeal — Costs occasioned by appeal before Court of Appeal and Court of Final Appeal — Costs of first instance proceedings — Certificate of counsel — Circumstances for certifying proceedings fit for four counsel |
Administrative Law
Court: HKCFI
Judge: COLEMAN J
Judgment Date: 03/07/2025
| Key Legal Issues | Administrative Law — Judicial review — Transport tribunal — Private car owners seeking licences or permissions to operate as Uber drivers — Decision of tribunal upholding decisions of Commissioner for Transport refusing applications for hire car permits — Whether private hire car service were ‘reasonably required’ — Statutory factors for consideration — Policy — Error of law — Constitutional right to property — Irrationality — Road Traffic Ordinance (Cap 374) — Road Traffic (Public Service Vehicles) Regulations (Cap 374D) |
Court: HKCA
Judges: POON CJHC, DEREK PANG AND ANTHEA PANG JJA
Judgment Date: 24/06/2025
| Key Legal Issues | Administrative Law — Judicial review — Commissioner of correctional services — Decision not referring applicant’s case to Post-Release Supervision Board for consideration of early release — Applicant serving term of imprisonment for offence endangering national security — Commissioner not satisfied that it would not be contrary to interests of national security to make reference — Whether loss of opportunity for Board to consider early release engaged right to liberty — Whether threshold based on interests of national security not ‘established by law’ — Whether decision procedurally unfair — Whether decision breach of legitimate expectation — Hong Kong Bill of Rights Ordinance (Cap 383) art 5(1) — Post-Release Supervision of Prisoners Ordinance (Cap 475) s 6(3), (3A) — Safeguarding National Security Ordinance (6 of 2024) s 4 |
Court: COURT OF FIRST INSTANCE
Judge: Hon Coleman J in Court
HCAL 1460/2025; [2025] HKCFI 2741
Date of Hearing: 25/06/2025, Date of Decision: 25/06/2025, 30/06/2025
| Key Legal Issues | Administrative Law — Habeas corpus — Hospital authority — Child suspected of physical abuse by mother and staying in government hospital for medical examination — Application for release from hospital by father with sole care and control of child — Whether continuing detention lawful — Terms of care or protection order by juvenile court — Whether in conflict with order of Family Court — Protection of Children and Juveniles Ordinance (Cap 213) ss 34(1)(b), (d), 34C(1), (5 |
MANNEH CHERNO v TORTURE CLAIMS APPEAL BOARD [2025] HKCU 3030; [2025] HKCFI 2547; [2025] 5 HKC 119
Court: HKCFI
Judge: Deputy High Court Judge Bruno Chan
Judgment Date: 17/06/2025
| Key Legal Issues | Administrative Law — Judicial review — Torture claims appeal board — Leave to apply for judicial review — Non-refoulement claim — Persecution risk based on sexual orientation — Extension of time to apply for leave to apply for judicial review |
Court: COURT OF APPEAL
Judges: Hon Chu VP, G Lam and Chow JJA in Court
CACV 370/2024; [2025] HKCA 372
Date of Hearing: 20/03/2025, Date of Further Written Submissions: 27/03/2025, 17/06/ 2025
| Key Legal Issues |
Administrative Law — Judicial review — Registrar of the high court — Legal aid appeal — Whether order of mandamus appropriate — Remitter — Scope |
Tort
Court: COURT OF APPEAL
Judges: Hon Kwan VP, Cheung and G Lam JJA in Court
CACV 153/2024; [2025] HKCA 586
Date of Hearing: 05/06/2025, 24/06/2025
| Key Legal Issues | Legal Practitioners — Solicitors — Professional negligence — Reasonable standard of care to combat fraud and protect interests of client against third parties — Whether solicitor put on inquiry — Costs — Indemnity Tort — Negligence — Professional negligence — Solicitors — Reasonable standard of care to combat fraud and protect interests of client against third parties |
Companies and Corporate
Re Up Energy Development Group Limited (in Liquidation) [2025] HKCU 3010
Court: COURT OF APPEAL
Judges: Hon Chu VP, Barma JA and G Lam JA in Court
CACV 233/2022; [2025] HKCA 555
Date of Hearing: 08/03/2024, 16/06/2025
| Key Legal Issues | Companies and Corporations — Winding up — Petition — Foreign-incorporated company — Three core threshold requirements — Reasonable possibility of winding up benefitting the applicants be supported by proper factual basis — Averments in the petition of facts and matters demonstrating satisfaction of the three threshold requirements a rule of practice rather than a rule of law — Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32) s 327(1), (3) |
Land, Mortagages an Securities
BRAVE SKY MORTGAGE LIMITED (晉澤按揭有限公司) v CHAN YUK PING AGNES (陳玉屏) [2025] HKCU 3300
Court: COURT OF FIRST INSTANCE
Judge: Deputy High Court Judge Le Pichon in Chambers
HCMP 928/2024 and HCA 451/2025 (Heard Together); [2025] HKCFI 2665
Date of Hearing: 04/06/2025, Date of Judgment: 04/06/2025, Date of Hearing on Costs: 27/06/2025, 30/06/2025
| Key Legal Issues | Land — Sale of land — Agreement for sale and purchase — Setting aside — Misrepresentation — Right of representee to affirm or disaffirm contract Mortgages and Securities — Mortgage action — Whether mortgage be set aside — Persons under disability — Mentally incapacitated persons — Economic duress — Whether there was triable issue |
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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