In RTHK Programme Staff Union & Anor v Communications Authority [2024] HKCA 845, the Court of Appeal (“CA”) overruled the findings of the Communication Authority (“Authority”) against the longest running satirical show in Hong Kong, Headliner, which was produced by the public broadcaster Radio Television Hong Kong (“RTHK”). Jeffrey Tam and Andrew Lau represented the […]

In a first-of-its-kind Judgment handed down yesterday afternoon, the Court of Appeal interprets regulation ‍18A(3)(a)(iv) of the Building (Planning) Regulations (Cap ‍123F), under which a road or street is a “specified street” if (among other circumstances) it “is on land over which the owner of the site is expressly granted, by or by virtue of […]

In Wong Yun Wa, administratrix of the estate of Chau Chuk Kan v Surplus Link Limited t/a Choi Fook Delight Banquet and Choi Fook Luxury Banquet [2024] HKDC 1145, the Court held that the employee’s intracerebral haemorrhage was not caused or substantially caused by the high kitchen temperature and the physical exertion involved in the […]

For the very first time, the Court confirmed in SA & Ors v BH & Anor [2024] HKCFI 1357 that it has jurisdiction under Order 23 of the Rules of the High Court (“RHC”) to order security for costs in arbitration proceedings initiated by parties to set aside an arbitral award.  While Order 73 RHC […]

In Chan Chung Sing v Chan Andy Yuan & Anor [2024] HKCFI 536, the Court, inter alia, granted the Plaintiff relief from sanction under an unless order on the basis that the failure to comply could be attributed to the fault or negligence of the Plaintiff’s former solicitors, not least because Order 2, rule 5(1)(f) […]

In Fulland International Ltd v Liu Kin Lam [2024] HKCFI 1209, despite finding that the defendant squatter had occupied the disputed land since 1980 for over 20 years, by drawing a clear distinction between occupation and possession, the Court dismissed the defendant’s counterclaim of adverse possession and allowed the plaintiff’s claim for vacant possession and […]

On 26 April 2024, the Honourable Mr Justice Coleman (the Judge in charge of the Constitutional and Administrative Law List of the High Court) handed down judgment in HCAL 1804/2023 ([2024] HKCFI 1020), allowing a judicial review of a decision (“Dismissal Decision”) made by the Secretary for the Civil Service (“Secretary”) which directed that the […]

On 22 March 2024, the Court of Appeal handed down judgment in HKSAR v Lam Tin Wing [2024] HKCA 240 and quashed the conviction of a 22-year-old woman for arson and possession of petrol bombs with intention to destroy or damage property. Randy Shek and Matthew Suen represented the appellant both at trial and in […]

Silver Base (Holdings) Limited (“the Company”) having been wound up by the Court of First Instance on a debt of around HK$506 million ([2023] HKCFI 2916; see also our earlier case note), its 50% shareholder and director Liang Guoxing (“Mr Liang”) applied to stay the winding-up order. On 7 February 2024, the Court refused to […]

By a judgment dated 23 February 2024, the Court found the Plaintiff’s claim to be entirely incredible in light of the lack of contemporaneous records and her inconsistent accounts of how the alleged accident occurred, and dismissed her claim on liability: Yip Sze Lung v Fairwood Fast Food Limited [2024] HKDC 303. The judgment provides […]