Court of Appeal also discussed the approach in dealing with conflicting evidence where there no oral evidence or cross-examination was given.

The Court held that the returning officer was not entitled to reject Ms Lau’s nomination without giving her a reasonable opportunity to respond to the materials that the RO said were contrary to an intention to uphold the Basic Law and pledge allegiance to the HKSAR.

Wo Chun Wah v Employees Compensation Assistance Fund Board  Reference: [2019] HKCFA 48; (2019) 22 HKCFAR 495 Court: Court of Final Appeal Before: Chief Justice Ma, Mr Justice Ribeiro PJ, Mr Justice Fok PJ, Mr Justice Stock NPJ and Madam Justice McLachlin NPJ Date of judgment: 20 December 2019 Appearance: Patrick Szeto with Raymond Leung SC (Respondent […]

On 2 April 2020, the Court of Appeal (comprising Poon CJHC, Lam VP and Macrae VP) handed down its judgment in Sham Wing Kan v Commissioner of Police [2020] HKCA 186, holding that a police officer cannot search the contents of a mobile phone of an arrested person without a warrant unless it is not […]

The Court of Appeal held that detrimental reliance after the death of legal owners cannot give rise to common intention constructive trust On 5 March 2020, the Court of Appeal (comprising Lam VP, Cheung JA and Au JA) handed down judgment in Cheung Lai Mui v Cheung Wai Shing & Ors [2020] HKCA 148 (reported […]

‘A Novel Situation, a Novel Approach’ – The Court of First Instance grants service by Facebook Messenger On 6 March 2020, the Court of First Instance granted an order allowing the Plaintiff to serve the proceedings and all the documents therein, including an interlocutory injunction order, out of jurisdiction by way of substituted service in […]

The Court of First Instance gave judgment in WHC Limited trading as Wine High Club & others v Hong Kong Wine Chamber of Commerce Limited & another [2019] HKCFI 2548 on 24 October 2019, allowing the application by the 1st-6th Plaintiffs to seek a declaration that resolutions (the “Resolutions”) purportedly passed at the annual general meeting (the “AGM”) […]

The Court of First Instance handed down judgment in Re A & B [2019] 5 HKLRD 366 on 14 October 2019, allowing the application of the of a pair of commissioning parents (“the Applicants”), pursuant to section 12 of the Parent and Child Ordinance (Cap 429) (“PCO”) for an order that their twin children (“the Children”) […]

Successfully obtained leave to challenge the legality of the decisions of Independent Police Complaints Council to proactively conduct a fact-finding study of public order events since June 2019

The Court of First Instance on 18 November 2019 handed down a landmark judgment concerning the constitutionality of the Emergency Regulations Ordinance (Cap. 241) (“ERO”) and the Prohibition on Face Covering Regulation (Cap. 241K) (“PFCR”) made under the ERO. The judgment develops important legal principles on the separation of powers, addressing the extent to which […]