Denis Chang's Chambers – Hong Kong Barristers - Denis Chang's Chambers

Land Law — Court allows mentally incapacitated person’s next friend to obtain order for sale under the Partition Ordinance without making prior application under the Mental Health Ordinance

Defamation Law — Court allows libel claimant to sue additionally for misuse of private information against the Hong Kong Lawn Bowls Association and Hong Kong Football Club

Probate & Trusts Law — Court strikes out daughter’s claims for beneficial interest in late father’s properties and for breach of contract against the brother

Insolvency Law — Court of Final Appeal clarifies “benefit” requirement for winding up foreign incorporated companies

Criminal Law — No case to answer for bus driver charged with causing grievous bodily harm by dangerous driving

Personal Injuries — Hong Kong Court clarifies meaning of “injury by accident” under the Employees’ Compensation Ordinance in dismissing claim related to a stroke in the workplace

Insolvency Law — Court of First Instance dismisses winding up petition, finding a triable issue over the petitioner’s unlicensed money lender status which may render the loan unenforceable

Death Inquest — Coroner returns verdict of death by misadventure for firefighters killed during firefighting operations at mini-storage facility

Insolvency Law — Hong Kong Winding-up Orders: Back to the Future?

Criminal Law — High Court quashes custodial sentence in drink driving appeal involving second conviction within five years

Commercial Law — Securities broker granted permission to pay HK$1 million unclaimed client assets into Court after ceasing business

Administrative and Public Law — Cayman Islands Grand Court upholds constitutionality of the Civil Partnership Act 2020

Administrative and Public Law — Privy Council rules on same-sex marriage in the Cayman Islands

Commercial Law — High Court dismisses Indian bank’s summary judgment application for US$3 million debt due to “grave suspicion” that the subject bill of exchange was forged

Employment Law — High Court stays claims pending arbitration in employment dispute over discretionary bonus and deferred shares

Commercial Law — High Court finds no duties owed by defendant who helped his friend with company administration as a non-contractual agent

Discrimination Law — District Court rules on disability discrimination claim against CUHK for terminating studies of student unable to complete programme due to depression

Commercial Law — Court of Appeal upholds striking out of claim founded on “diametrically inconsistent” statements in sale proceeds dispute

Tax Law — Court of Appeal dismisses Inland Revenue’s appeal on company directors’ additional tax liability for signing “incorrect” tax returns

Privacy Law — Medical Council’s preliminary investigation committee not able to compel disclosure of medical records, Court of Appeal holds

Bankruptcy Law — Court of Appeal clarifies jurisdiction and procedure for challenging appointment of trustee in bankruptcy

Administrative and Constitutional Law — Police use of “no consent letters” to freeze bank accounts held unlawful by the High Court

Insolvency Law — High Court grants immediate winding up order against Cayman-incorporated company notwithstanding restructuring attempts

Commercial Law — Court of First Instance grants interim-interim injunction over 999 Bitcoins in cryptocurrency dispute

Criminal Law — Doctrine of “basic joint enterprise” not applicable to unlawful assembly and riot, Court of Final Appeal rules

Loan Dispute — District Court dismisses appeal against refusal of summary judgment in dispute over HK$1 million dishonoured cheque

Inquest — Inquest returns open verdict on man who died after receiving Covid-19 vaccination manufactured by Sinovac

Personal Injuries — UK Supreme Court grants service out of jurisdiction in landmark cross-border case

Administrative and Constitutional Law — Court of Final Appeal hears judicial review appeal on constitutionality of Small House Policy

Administrative Appeals — Fishermen Claims Appeal Board quashes finding that Appellants’ fishing trawlers operated outside Hong Kong waters

Election Law — High Court dismisses allegations that District Council election candidate was required to leave and denied access to polling station

Inquest — Coroner’s jury finds that student who collapsed during physical education lesson died of natural causes

Personal Injuries — High Court affirms that it is “never bound” by expert opinions

Commercial Disputes — High Court dismisses claims of over US$936,000 for damages in sale of goods dispute

Personal Injuries — Court of Appeal dismisses Employees Compensation Assistance Fund Board’s appeal on meaning of “damage sustained within the jurisdiction” under private international law

Criminal Law — Defendants acquitted of unlawful assembly and other charges arising from 2019 protest outside police operations base

Civil Procedure — Court of Appeal clarifies that appeals are a separate matter from proceedings in the court below

Family Law — Court of First Instance grants guardianship and joint custody to same-sex, non-biological parent in landmark victory for LGBTQ community

Administrative and Constitutional Law — Court of First Instance grants leave for judicial review over ban on female prisoners and remands from wearing shorts in summer

Property Law — District Court gives first-of-its-kind ruling that a notice of severance executed shortly before death does not constitute “alienation” forbidden under the Housing Ordinance

Criminal Law — District Court acquits bank manager and remittance company director of conspiracy for an agent to accept advantages

Administrative and Constitutional Law – Court of First Instance clarifies principles on costs in a rolled-up hearing for judicial review

Family Law — District Court orders maintenance pending suit in dispute involving spouses financially impacted by COVID-19

Administrative and Constitutional Law — Court of Appeal extends public interest litigation exception to interested party in Small House Policy judicial review

Personal Injuries — District Court allows personal injury claim against Defendant convicted of assault against Plaintiff’s sons

Administrative and Constitutional Law – Court of First Instance rules Town Planning Board breached statutory and Tameside duties to make inquiries on community needs

Family Law — Court of Appeal sets aside relocation order in first appeal case dealing with impact of a move during Covid-19 pandemic

Insolvency Law — Companies Court delivers further decision applying principles enunciated in Re Lamtex Holdings Ltd

Property Law — Court of First Instance allows counterclaim for specific performance of provisional sale and purchase agreement entered into almost 10 years ago

Building Management — Lands Tribunal refuses to grant declaration on ad hoc resolution’s invalidity and order for re-election of management committee

Property Law — District Court dismisses claim for entire beneficial interest in property and allows counterclaim for order for sale

National Security Law — Court of First Instance rejects appeal against bail granted to former legislator charged with subversion

Constitutional & Administrative Law — High Court finds legal challenge over police use of tear gas on 12 June 2019 reasonably arguable with realistic prospect of success

Intellectual Property — High Court Judge in charge of Intellectual Property List makes “Limited Discovery Order” for redacted materials

Insolvency Law — Hong Kong Companies Court orders immediate winding-up of insolvent Bermuda-incorporated company in “soft-touch” provisional liquidation in Bermuda

Criminal Law — District Court acquits student of riot in relation to 31 August 2019 protests

Inquest — Coroner finds teacher’s suicide preventable, recommends improvements to school complaints procedure

Matrimonial & Probate — The financial (in)security of a mistress on the death of her benefactor

Election Law — Court of First Instance dismisses election petition against Tsuen Wan District Councillor

Cross-border Enforcement — Court of Appeal rejects fishing expedition backed by letter of request from foreign court

Employment Law — District Court dismisses appeal against refusal to transfer Labour Tribunal case to District Court

Criminal Law — Court of Final Appeal overturns conviction for denial of fair trial

Personal Injuries — Court disallows Plaintiff to run industrial accident claim on version of events which only emerged on first day of trial

Criminal Law — District Court acquits six people in second riot trial concerning demonstrations on 31 August 2019

Criminal Law — Court of Appeal clarifies principles on care and protection orders in sentencing juvenile offenders

National Security Law — Hong Kong Court grants bail to person charged under National Security Law for the first time

Family Law — Court of Appeal discharges travel restriction in divorce case on human rights grounds

Administrative & Constitutional Law — Court of Final Appeal finds differential hair-cutting requirement for male and female prisoners to violate Sex Discrimination Ordinance and Basic Law

Civil Procedure — Appeal Committee determines issues on its jurisdiction and proper approach to remitter

Administrative & Constitutional Law — High Court rules police failure to display unique identification, and lack of independent police complaints mechanism, violate Hong Kong Bill of Rights

Personal Injuries — Court makes indemnity costs order against Plaintiff with interest at 10% above judgment rate

Injunctions — Court of Appeal elucidates approach to assessing risk of dissipation of assets in applications for Mareva injunctions

Civil Procedure — Court of Appeal clarifies the role of pleadings and the availability of limitation defence

Land Law — Restraint of trade and lease’s restrictive covenants: UK Supreme Court overrules majority, in favour of minority, in Esso Petroleum [1968] AC 269 (HL)

Civil Procedure — Court of First Instance strikes out claim for insufficient factual basis and previous contradictory statements

Administrative & Public Law – Court of Final Appeal upholds election petition of disqualified lawmaker Lau Siu-Lai

Administrative & Public Law – Court of First Instance quashes Town Planning Board’s planning permission

Commercial Law – Court of First Instance refuses interim injunction to stay arbitration proceedings

Competition Law – “Carecraft” procedure in the Competition Tribunal: disposal of proceedings by consent

Company Law – Reflective loss: UK Supreme Court majority reaffirms Prudential [1982] Ch 204 (CA) and Johnson [2002] 2 AC 1 (HL) per Lord Bingham (only)

Family Law – Court of Appeal decision concerning a “Hague Application” in the matter of BMC v BGC formerly known as WCY [2020] HKCA 317

Administrative & Public Law – Court of Final Appeal Overturns Appeal Restrictions in Delayed Judicial Review Applications

Administrative & Public Law – Court of First Instance Allowed Election Petition of Disqualified Lawmaker Lau Siu-lai

Employees Compensation – Court of Final Appeal Held ECAF Board Authorised to Settle Potential Relief Payment Claims Before Claimant Secures Judgment

Administrative & Public Law – Court of Appeal held that police cannot search contents of mobile phones without warrant unless it is not reasonably practicable to obtain warrant

The Court of Appeal held that detrimental reliance after death of legal owners cannot give rise to common intention constructive trust

Administrative & Public Law – Court of Final Appeal to consider whether out of time judicial review applicants have right of appeal

The Court of First Instance grants service by Facebook Messenger

The Court of First Instance rules on same-sex couples’ right to apply for public rental housing

The Court of First Instance clarifies the application of the ‘Duomatic principle’ and ‘Irregularity principle’ in company meetings

The Court of First Instance granted a parental order pursuant to section 12 of the Parents and Child Ordinance (Cap 429) in proceedings concerning a PRC surrogacy arrangement

Lui Chi Hang Hendrick v Independent Police Complaints Council [2019] HKCFI 3120

The Deputy Registrar of the Cayman Islands and the Attorney General of the Cayman Islands v Day (Chantelle) and Bush (Vickie Bodden) CICA No. 9 of 2019

High Court Gives Landmark Judgment in Emergency Regulations and Anti-Mask Law Case

Chow Ting v Teng Yu Yan Anne [2019] HKCFI 2135

Browne v Munokoa [2018] UKPC 18 (Privy Council)

Competition Commission v W. Hing Construction Co Ltd [2019] HKCT 3

Hong Kong Competition Tribunal decides landmark first case

Leung Chung Hang Sixtus v President of Legislative Council [2019] 1 HKLRD 292 (Court of First Instance)

HKSAR v Chu Tsun Wai (2019) 22 HKCFAR 30 (Court of Final Appeal)

Kwok Cheuk Kin v Director of Lands (HCAL 260/2015, 8 April 2019)

Silver Universe Investment Ltd v China Times Securities Ltd & Others (HCA 1824/2018)

Tam Heung Man v the Incorporated Owners of Lung Poon Court (Block A-F) (DCCJ 4380/2014)

Law Mei Mei v Airport Authority and Another [2018] 5 HKC 273

The Incorporated Owners of Fortune Gardens v. Chan, Grant and Another, [2018] HKLdT 53

The Court of Appeal elucidated approach in interim injunctions in shareholders’ disputes in Acropolis Limited & another v W&Q Investment Ltd & others (CACV 276 & 277/2017)

QT v Director of Immigration [2018] 4 HKC 403 (Court of Final Appeal)

Re Leung Wang Fai, HCB 15328/2003, 17 Mar 2014 (Ownership in property where the son was a joint tenant but made no contribution towards purchase price of the property)

Secretary for Justice v. Wong Chi Fung [2018] HKCFA 4 (led by Lawrence Lok SC at trial and Philip Dykes SC at the CFA)

Fung Jing En v The Council of the University of Hong Kong [2018] 4 HKC 231

Wong Tai Hoi v Au Nok Hin and Or [2018] 2 HKLRD 789, [2018] 4 HKC 20

Secretary for Justice v Leung Hiu Yeung (2018) 21 HKCFAR 421

Secretary for Justice v Leung Hiu Yeung and Ors [2018] HKCFA 13

Lo King Yeung v Eddie Chu Hoi Dick [2018] HKCA 137

Sima Sai Er v. Next Magazine Publishing Ltd And Others, HCA 1500/2014, 8 Aug 2014 (Injunction against magazine publisher where photos invading artist’s privacy has already been widely published) (led by Hectar Pun)

程樂蓀訴黃靈新 HCAL 4/2012 (Election petition. Whether petition time barred)

Abayomi Bamidele Fayomi v Secretary For Security and Another [2013] 2 HKLRD 961 (Immigration law. Scope of Director of Immigration’s duty to enquire) (led by Philip Dykes SC)

Leung Hoi Yee v. Tai Hing Worldwide Development Ltd, DCEC 2008/2013, 1 Sep 2014 (Effect of pre-action calderbank offer in light of a subsequent sanctioned payment accepted by applicant in EC proceedings)

Chen Rong v Innovative Design Group Ltd, DCEC 8/2013, 4 June 2015 (Employee compensation claim—application of Paper Mills formula)

Fok Chick Yeung Apple v i-Cable Telecom Ltd, DCPI 396/2013, 15 Oct 2015 (Personal injuries – Defendant was found to be in breach of duty despite the finding that the Plaintiff was not a credible witness)

Chen Rong v Innovative Design Group Ltd & Others (Represented the principal contractor in an EC proceeding, argued whether the Paper Mills formula was applicable)

Kwong Cheuk Sing v Sky Field Construction Ltd and Others, DCEC 2198/2013, 31 Oct 2016 (adding party out of time)

Kwong Cheuk Sing v Sky Field Construction Ltd and Others, DCEC 2198/2013, 12 Oct 2017 (identity of employer)

Yu Yiu Wing v Lead Young Logistic & Others, HCLA 20/2012, 11 Oct 2013 (Labour Tribunal Appeal, Applicant attempted to validate decision of the Presiding Officer on a different ground)

World Houseware Producing Company Ltd v Chau Kam Tong, DCCH 1640/2012, 18 Feb 2014 (Fraud by employee)

黃佳訴富裕國際旅遊發展有限公司HCLA 13/2015, 12 May 2016 (Labour Tribunal Appeal – whether income from sales of souvenir by tour bus driver in the course of their employment constitutes “wages”)

Billion Star Development Ltd v Wong Tak Chuen, FAMV 38/2014, 7 Feb 2014 (Quiat timet Injunction against protestors blocking passage to construction site at Mei Foo Sun Chuen) (led by Martin Lee SC)

Ko Nga Chun v. Companhia De Desenvol Vimento Wui San Limitada (Forum non conveniens application in respect of HK litigation proceedings dealing with events that occurred primarily in Macau) (led by Hectar Pun)

Venetian Macau Ltd v Chen Mei Huan, HCA 1440/2012, 27 Jan 2014 (Forum non conveniens application by loan borrower on the basis of an ambiguous jurisdiction clause) (led by Hectar Pun)

Christow Corporation Trust v Asiacom International Holdings Ltd [2015] 2 HKLRD 1134 (Setting aside default judgment where defendant is out of jurisdiction at the time of service but subsequently came to notice of the writ within the jurisdiction)

Ko Nga Chun v Companhia De Desenvol Vimento Wui San Limitada, HCA 277/2012, 26 Jan 2016 (late amendment of statement of claim)

Ma Wah Yan and Others v Dharma Realm Buddhist Association Inc & Others, CACV 179/2016, 2 March 2017 (Appeal – extension of time – merit of proposed grounds of appeal)

Wong Tat Lun Eddie and Others v. Wong Chi Ho Jimmy and Others, HCMP 2391/2013, 24 Apr 2015 (Whether the administrator of an estate should bear costs where he successfully defended proceedings to remove him)

Ma Wah Yan and Others v Dharma Realm Buddhist Association Inc & Others, HCA1190/2007, 3 Aug 2016 (Public charitable trust – whether the assets of a Deceased monk held in his own name was subject to public charitable trust)

Lam Mo Chu Susie v Lam Sik Ying Victor, HCA1974/2015, 5 Sep 2017 (removal of administrator based on breach of fiduciary duties)

Waddington v Chan Chun Hoo Thomas, HCA 3291/2003, 18 Dec 2013 (Multiple derivative action by a minority shareholder in a listed company in Hong Kong, alleging majority shareholder and director to be in breach of fiduciary duty) (led by Martin Lee SC)

Waddington Ltd v Chan Chun Hoo Thomas, CACV 10/2014, 20 May 2016 (Causation between breach of fiduciary duties and damages awarded; whether multiple derivative action is permissible under BVI law; pre-judgment rate of interests) (led by Jat Sew Tong SC)

Hong Wei (Asia) Holdings Co Ltd v The Registrar of Companies, HCMP 1418/2016, 13 Jul 2016 (Failure to file return of allotment of shares by a listed company, relief from sanction under s.45 of the Companies Ordinance, Cap 32)

Aeso Holding Ltd and Others v Chan Siu Chung and Others, HCMP 1721/2017 (discovery of documents in the possession of directors of a company)

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Acropolis Limited v W&Q Investment Ltd, HCA 1496/2017 (Resisting an injunction against directors of a listed company based on fraudulent placement of shares) (led by Anson Wong SC) • Dragon Success Enterprises Ltd v Aeso Holding Ltd, HCMP 1647/2017 (appointment of interim receiver)

Secretary for Justice v Chiu Hin Chung, FAMC 45/2017, 29 December 2017

Kwok Cheuk Kin v Chief Executive of the HKSAR & Ors (Co-location) [2017] 5 HKC 579

Lo King Yeung v Chu Hoi Dick (Cheung CJHC, Lam VP, CAMP 18/2017, 6 November 2017)

Ho Yin Fai v Wu Chi Kin, HCAL 28/2016, 4 October 2017

Yau Wai Ching v Chief Executive of HKSAR (2017) 20 HKCFAR 390

Secretary for Justice v Nathan Law Kwun Chung [2017] 4 HKLRD 115

Lo King Yeung v Eddie Chu Hoi Dick [2017] 4 HKLRD 723

HKSAR v Lam Hin Fai, FAMC 3/2016, 6 July 2016

HKSAR v Law Yat Ting, (2015) 18 HKCFAR 400, FAMC 24/2015, 3 July 2015

HKSAR v Law Yat Ting (No 2), (2015) 18 HKCFAR 420, FACC 3/2015, 26 October 2015

Re ATV Television Ltd [2015] 1 HKLRD 607 (CFI)

Chan Pak Ting v Chan Chi Kuen (No.2) [2013] 2 HKLRD 1 (CFI)

Sit Wing Yi Sibly v Berton Industrial Ltd (2013) 16 HKCFAR 104 (CFA)

New China Hong Kong Highway Ltd v Ng Kwai Kai Kenneth [2011] 5 HKLRD 216 (CA)

Re PCCW Ltd [2009] 3 HKC 292 (CA)

Re Mahr China Ltd [2008] 4 HKLRD 141 (CFI)

Ying Ho Co Ltd v Secretary for Justice (2004) 7 HKCFAR 333 (CFA)

Re Boldwin Construction Co Ltd [2003] 2 HKLRD 237 (CFI)

Secretary for Justice v Lau Siu Lai, HCAL 223-226/2016 & HCMP 3381/2016 (Mar 2017)(CFI)

Television Broadcasts Ltd v Communications Authority and Chief Executive in Council [2016] 2 HKLRD 41 (CFI)

Hui Sin Hang v Chief Executive in Council (HCAL 99/2015, Chow J, 15 March 2016) (Third Runway JR)

University of Hong Kong v Hong Kong Commercial Broadcasting Co Ltd [2016] 1 HKLRD 536, [2015] 6 HKC 677 (represented the Hong Kong Journalist Association)

Chan Kam Choi v Commissioner of Correctional Services and Anor (CACV 264/2015, Lam VP, Cheung JA and Kwan JA, 18 August 2016)

Asia Television Co Ltd v Telecommunications Authority [2013] 3 HKLRD 618 (CA); (2013) 16 HKCFAR 773 (CFA)

Kong Yunming v Director of Social Welfare (2013) 16 HKCFAR 950 (CFA)

Lam Siu Po v Commissioner of Police (2010) 12 HKCFAR 237 (CFA)

Penny’s Bay Investment Co Ltd v Director of Lands (2010) 13 HKCFAR 287 (CFA)

Wong Lai Wan Avril v Prudential Assurance Co Ltd [2010] 5 HKLRD 39 (DCt)

Solicitor v Law Society of Hong Kong (2006) 9 HKCFAR 175 (CFA)

Ho Choi Wan v Housing Authority (2005) 8 HKCFAR 628 (CFA)

Town Planning Board v Society for the Protection of Harbour Ltd (2004) 7 HKCFAR 1 (CFA)

Wong Yeung Ng v Secretary for Justice [1999] 2 HKLRD 293 (CA)

Hoh Han Keyet v Artimax Investment Ltd (HCA 1163/2013, Deputy High Court Judge Eugene Fung SC, 30 June 2016)

Lam Kin Man v Leung Wai Kuen Edward (FAMV 11/2013, Ma CJ, Ribeiro, Tang PJJ, 11 July 2013)

Leung Chun Ying v Ho Chun Yan Albert (2013) 16 HKCFAR 735; [2014] 1 HKC 319 (CFA)

To Pui Kui v Ng Oi Che and Ors (FAMV 41/2015, 1 April 2016, Ribeiro PJ, Tang PJ, Fok PJ)

Chiang Lily v Secretary for Justice (2010) 13 HKCFAR 208

Chief Executive of HKSAR v President of the Legislative Council [2017] 1 HKLRD 460 (CA)

Chu Yee Wah v Director of Environmental Protection [2011] 5 HKLRD 469

Leung v Secretary for Justice [2006] 4 HKLRD 211

Law Chi Yuen v Secretary for Education [2016] 5 HKLRD 302

Ghulam Rbani v Secretary for Justice for and on behalf of the Director of Immigration (2014) 17 HKCFAR 138

Philip KH Wong, Kennedy YH Wong & CO v Commissioner of Independent Commission Against Corruption [2009] 5 HKLRD 379

Qamar Sheraz v HKSAR (2007) 10 HKCFAR 696

A Solicitor v Law Society of Hong Kong (2006) HKCFAR 175

Commissioner for Television and Entertainment Licensing v. Amusement Game Centres Appeal Board [2004] 1 HKLRD 765 (CA)

Helen Tsang v Cathay Pacific Airways Ltd. [2002] 2 HKLRD 677 (CA)

Secretary of Justice v. Chan Wah (2000) 3 HKCFAR 459 (CFA)

Attorney General of Hong Kong v. Lo Chak Man [1993] AC 951 (PC)

Kailey Enterprises Ltd v. Obscene Articles Tribunal [1995] 2 HKLR 132 (High Ct.)

Uniglobe Telecom (Far East) Ltd. v. HKSAR (1999) 2 HKCFAR 214

Ng Ka Ling v. Director of Immigration (1999) 2 HKCFAR 4 (CFA)

Matteograssi spa v The Airport Authority [1998] 2 HKLRD 213 (CA)

Nguyen Tuan Cuong v. Director of Immigration [1997] 1 W.L.R. 68 (PC)

Oriental Daily Publisher Ltd. v. Commissioner for Television and Entertainment Licensing Authority (1997-1998) 1 HKCFAR 279 (CFA)

Secretary for Justice v Lau Siu Lai, HCAL 223-226/2016 & HCMP 3381/2016 (Mar 2017)(CFI)

Kao Lee & Yip v Koo Hoi Yan Donald [2007] 1 HKC 1 (CA)

Star Cruises (HK) Ltd v Tung Ho Wah [2006] 3 HKLRD 254 (DC)

梁炳泉訴富裕國際旅遊發展有限公司HCLA 11/2015, 12 May 2016 (Labour Tribunal Appeal – whether income from sales of souvenir by tour bus driver in the course of their employment constitutes “wages”)

Television Broadcasts Ltd v Communications Authority and Chief Executive in Council [2016] 2 HKLRD 41 (CFI)

HKSAR v Sha Lo Tung Development Company Limited, STS 6445/2016, 13 July 2017