On 5 September 2023, the Hong Kong Court of Final Appeal (“CFA”) handed down a landmark judgment allowing the appeal by LGBT activist Jimmy Sham Tsz-kit ([2023] HKCFA 28). By a majority of 3:2, the CFA held, inter alia, that the Government is in violation of its positive obligation under Article 14 of the Hong […]

By judgment handed down on 16 August 2023 ([2023] HKCA 959), the Court of Appeal granted leave to the Applicants to appeal to the Court of Final Appeal on the following questions of law of great general or public importance: 1. Whether the No Consent Regime operated by the Commissioner and the LNCs issued by […]

Trust Law Background In 2008, tragedy struck the life of the 1st Plaintiff when her late husband passed away, leaving her as the sole caretaker of two young children aged 11 and 13. Recognizing the unpredictability of life, she sought the assistance of her brother, the Bankrupt, to jointly hold a safe deposit box (“the […]

Land and Property Law The Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545) (“the Ordinance”) allows an owner of at least 80% of the undivided shares of a lot or lots to apply to the Lands Tribunal for an order for sale of the lot(s) by way of public auction. In a case of two […]

In Ko Pui Yee & Ors v Jones Lang Lasalle Management Services Ltd [2023] 4 HKC 50, the Defendant successfully appealed against the decisions of the Small Claims Tribunal which found the Defendant negligent as the property manager of the underground car park of a residential estate. The High Court set aside the adjudicator’s orders […]

The Plaintiff successfully claimed against the Defendant for the repayment of the outstanding principal and interest pursuant to a Promissory Note and Loan Agreement signed by both parties in 2018.  The High Court entered judgment for the Plaintiff and ordered the Defendant to repay the outstanding sum of USD$1,142,737.  The Plaintiff is entitled to have […]

In the 東樂大樓業主立案法團 v 黃志剛 [2023] HKLdT, the Lands Tribunal allowed the applicant incorporated owners’ application for mandatory injunction to compel the respondent flat owner to reinstate the sewage pipes and damages being the repair costs incurred to repair the damaged elevator. Albert Wan acted for the successful applicant.

In CN v LYP [2023] HKFC 73, the Family Court ordered permanent relocation of two young children (a girl aged 7 and a boy aged 3) to Singapore with the Father. At the same time, the Mother had applied to permanently relocate the children to Dongguan, China, with her maternal family, which was not granted. […]

In a judgment dated 5 May 2023, the Lands Tribunal made an order for sale under the Land (Compulsory Sale for Redevelopment) Ordinance (Cap. 545) (“the Ordinance”) to sell the lot on which the Wah Ha Factory Building, Quarry Bay stands. The Tribunal set the reserve price for the auction of the lot at $5.125 […]

In a judgment dated 27 April 2023, the Hon. Madam Justice Yvonne Cheng of the High Court of Hong Kong held that a writ for an alleged breach of a Sale and Purchase Agreement between the shareholders of Smart Edge Limited (Receivers and Managers Appointed) and Hundred Gain International Holding Ltd (a BVI company) for […]