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Citation
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Judgment date
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| October 2023 |
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Short custodial sentence, voluminous record and lapse of legal aid constituted exceptional circumstances; bail pending appeal granted.
Criminal law – Bail pending appeal – Power of Chief Justice under s.14(1) Court of Appeal Ordinance – No presumption in favour of bail after conviction – Bail only in exceptional circumstances (prima facie success or risk sentence served before appeal) – Delay from voluminous record and lapse of legal aid may constitute exceptional circumstances.
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16 October 2023 |
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The first defendant received one year and the fourth defendant six months, with trial delay significantly mitigating sentences.
Criminal law – Sentencing – Applicability and weight of foreign sentencing guidelines (E&W, ECSC) – Common law bribery by public official – Money laundering under Proceeds of Crime Ordinance – Parity and proportionality in sentencing – Effect of unreasonable delay and breach of fair trial rights as mitigation – Custodial sentences imposed (1 year and 6 months).
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12 October 2023 |
| September 2023 |
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A speculative, late recusal application re‑litigating decided issues was dismissed as abuse of process and indemnity costs awarded.
Judicial recusal – apparent bias test (Porter/Locabail) – speculative allegations insufficient for recusal. Judicial disclosure – Resolution Chemicals: disclosure required only where prima facie bias shown. Abuse of process / duplicative litigation – abuse where motion re‑litigates already decided issues and is strategically timed to delay. Costs – indemnity costs appropriate where claimant’s conduct is unreasonable and takes the case out of the norm.
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28 September 2023 |
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Court acquitted the conspiracy charges but convicted a minister of bribery and an attorney of money‑laundering.
Criminal law – Conspiracy to defraud – agreement, dishonesty and proprietary loss – circumstantial proof and ‘umbrella’ agreement required; Crown land allocations – corporate vehicles and ‘flipping’ lawful unless dishonesty proved; Bribery – payment timing/circumstances may establish corrupt inducement to influence official acts; Money‑laundering (POCO 1998) – attorney’s handling of funds, use of fictitious ledgers/off‑record accounts and objective reasonable‑suspicion test establish concealing/disguising proceeds.
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25 September 2023 |
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Court found exceptional circumstances and imposed eight months' imprisonment despite statutory twelve-year minimum.
Firearms law – possession of ammunition – statutory mandatory minimum (12–15 years) – s.30 discretion for "exceptional circumstances". Pleas – requirement that a guilty plea be unambiguous and not amount to a substantive defence (Lewis). Sentencing – holistic assessment of offender and offence; mitigation (lawful acquisition, no criminal intent, cooperation, good character) v aggravation (negligence, failure to declare). Sentence at large where exceptional circumstances found – methodology for starting point, adjustments and plea discount.
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18 September 2023 |
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Solicitor’s failure to register a 2007 conveyance constituted professional negligence; plaintiff declared true proprietor and may apply for registration under s.121 RLO.
Conveyancing and professional negligence — failure to register purchased land; apparent fraudulent instruments lodged at Land Registry; entitlement to rectification and registration under s.121 Registered Land Ordinance; damages for solicitor’s negligence; Registrar’s role and restriction on title.
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7 September 2023 |
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Seller validly terminated an extended payment agreement; forfeiture clause enforceable and purchaser’s caution ordered removed.
Contract construction – extended payment agreement – whether approved plans/consents are ‘necessary to close’ – penalty doctrine v forfeiture: clause for retention of instalments is a forfeiture clause, not a penalty – relief from forfeiture requires fraud, sharp practice or unconscionability – registration and removal of caution under Registered Land Ordinance s.129(1).
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7 September 2023 |
| August 2023 |
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Life sentence with parole eligibility set at 27 years for mother who shot her child; mental disorder reduced tariff marginally.
Criminal law – Sentencing for murder – Parole of Prisoners Ordinance s7 – statutory starting point 30 years where s7(3) not engaged; mental disorder (Bipolar Affective Disorder) relevant but of limited weight; aggravating factors (firearm use, vulnerable child, position of trust, concealment) outweigh mitigation; credit for time on remand; order for psychiatric follow-up.
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29 August 2023 |
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Court limited specific discovery: privileged document descriptions suffice; denied broad time-record searches; ordered targeted financial disclosures and relisted trial.
Civil procedure — Discovery — Order 24 r.7 (specific discovery) — Applicant must show documents exist, are relevant and within opponent's possession, custody or power; privilege — privileged documents may be described generally without dates/parties; scope and proportionality — solicitor time-records not ordinarily discoverable absent specific pleading/evidence; foreign proceedings/Interpol notices and receiver files — relevance determined by pleadings; case management — timetable and trial relisting.
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24 August 2023 |
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Restriction on land was wrongly registered where claimant had no legal/equitable interest and no charging order, and service of proceedings alone was insufficient.
Registered Land Ordinance s132/s134/s146/s147 – power to register restrictions – limits where claimant has only in personam contractual claim; solicitor’s lien and unliquidated costs; Registrar’s duty to consider sufficient cause; restriction improperly registered where no charging order or equitable interest exists.
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18 August 2023 |
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Exceptional circumstances (lawful foreign possession and airline misadvice) permitted a fine instead of mandatory imprisonment.
Firearms Ordinance s3(1) – mandatory minimum custodial sentence; s30(2)/(3) – "exceptional circumstances" may permit departure from minimum; holistic assessment of lawful foreign possession, voluntary declaration, airline misadvice, lack of criminal intent, cooperation and good character; Court may impose non-custodial sentence where exceptional circumstances exist.
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11 August 2023 |
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Leave to apply for judicial review refused as out of time; renewal procedure excluded from domestic Civil Rules.
Civil procedure — judicial review — leave to apply for judicial review — time limits and extension of time under O.53 r.4(1) — sufficiency of explanation for delay; procedure for renewal of refused on-paper leave — O.53 r.3(4)(b) and r.3(5) omitted from domestic Civil Rules 2000 — Form 86B and notice requirements.
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9 August 2023 |
| July 2023 |
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Court permits substituted electronic service where likely to notify an absent defendant; refuses speculative newspaper or post-at-property service.
• Civil procedure – Substituted service – allowed only when personal service impracticable and method likely to bring notice to defendant.
• Service out of jurisdiction – leave required; jurisdictional gateway and forum conveniens considered.
• Alternative electronic service – email/LinkedIn/WhatsApp/Facebook may be authorised where evidence shows accounts active and likely to notify defendant.
• Publication/advertisement – exceptional and only where likely to reach defendant; weak where defendant fled abroad.
• Service on insurer – appropriate substituted method in road-traffic/personal-injury claims where insurer identity and prior engagement are shown.
• Procedure – correct form for interlocutory applications (ex parte vs summons) emphasised.
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31 July 2023 |
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A child witness is presumptively entitled to special measures, including live-link testimony, unless such measures would not maximize evidence quality.
Vulnerable Witnesses Ordinance – child witness eligibility under s3(1)(a) and s8(1)(a) Special measures – primary rule in s8(3): live-link testimony for child witnesses (s12) Limits – s8(4)(d) and s6(3): whether measures will maximize quality and may inhibit testing Confrontation and fairness – live link, cross-examination, demeanour vs credibility considerations Case management – court directions for technological support, venue approval, and accompaniment
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19 July 2023 |
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Assignee of a registered charge may sell charged land where charge validly varies RLO notices and defendants are in default.
Registered Land Ordinance – enforcement of registered charge by assignee – variation of statutory notice requirements in charge – section 64/72/75/77 interplay – sale by private treaty – possession and costs from sale proceeds.
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12 July 2023 |
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Leave granted to serve out of jurisdiction after finding serious issues, jurisdictional gateways met and TCI the appropriate forum.
Service out of jurisdiction – Order 11 r.1(1) and r.4 – requirements: serious issue to be tried, good arguable case, appropriate forum – jurisdictional gateways (c),(d),(j),(v) – constructive/resulting/constructive trust, breach of fiduciary duty, unjust enrichment – adequacy of affidavit evidence and pleadings.
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11 July 2023 |
| June 2023 |
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Application to adjourn proceedings pending judicial review of a judge's assignment refused; no apparent bias and costs awarded.
Adjournment pending judicial review – recusal and apparent bias – validity of judicial appointment and assignment – balancing prejudice, delay and interests of justice – costs for unsuccessful adjournment application.
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29 June 2023 |
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Habeas corpus refused where applicant released under reporting/residence conditions and prior detention on Stop List grounds was lawful.
Constitutional and public law – habeas corpus – remedy limited to current unlawful detention; not for past detention or punishment. Immigration law – Stop List (s92) – lawful entry where Director satisfied person conducted himself undesirably; Stop List bars entry. Immigration powers – sections 51, 52, 53, 54 and 58 – power to examine, detain pending inquiry and temporarily admit subject to conditions. Work permit – holding a work permit does not override a Stop List entry or preclude detention for immigration inquiry. Deprivation vs. restriction of liberty – post-release reporting/residence conditions may not amount to continued detention.
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27 June 2023 |
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Defendant’s unauthorised occupation of company-owned villa was trespass; plaintiff entitled to summary possession and costs.
Property law – Summary possession (O.113 r.1) – occupant without licence or tenancy – trespass and self-help re-entry. Registered land – corporate proprietor – issued share held on trust as joint tenants – survivorship vests control in surviving joint tenant. Equity – alleged constructive/resulting trust and will-based claims – failure to establish equitable entitlement to occupy. Procedural – ancillary disputes not a bar to summary possession where no established right of occupation.
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5 June 2023 |
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Specific discovery refused where affidavit failed to show documents' possession and evidential relevance to pleaded issues.
Civil procedure — Specific discovery (Order 24 r.7–8) — Requirements for supporting affidavit: existence, possession, relevancy and evidential materiality — Discovery must be necessary for fair disposal — Pleadings must identify matters in issue.
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2 June 2023 |
| May 2023 |
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Court permitted amendment to defence including third‑party influence allegations, finding no uncompensable prejudice and ordering costs to defendant.
Civil procedure – amendment of pleadings (O.20 Civil Rules 2000) – amendments allowed unless causing prejudice not compensable by costs; pleadings vs evidence – court will not assess evidential merits at amendment stage; pleadability of allegations about third‑party influence relevant to explaining plaintiff’s decision; clarification of internal inconsistencies in pleading required.
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22 May 2023 |
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Mandatory seven‑year sentence upheld; defendant’s claim of finding and intending to surrender the firearm was not exceptional.
Firearms — Mandatory minimum sentence — Seven years — Exceptionality required to disapply — High threshold; deterrence central. Sentencing facts after jury verdict — judge must be consistent with jury’s verdict; single reasonable interpretation binds sentencing. Defendant’s claimed intention to surrender firearm and personal mitigation of limited weight without compelling evidence.
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17 May 2023 |
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16 May 2023 |
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Appellant’s refusal to participate and lack of payment evidence justified dismissal of the appeal and award of costs.
Civil appeal – rehearing – appellant’s voluntary refusal to participate; attendance by video link; adjournment discretion; evidential burden to prove payment; declined credit card receipt not proof of payment; costs for frivolous/dilatory appeal.
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12 May 2023 |
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Application for stay on abuse of process (delay and non-disclosure) refused; delay and disclosure failures insufficient to bar trial.
Criminal procedure — Abuse of process — Stay of proceedings — Two-category test (unfair trial; offending court’s sense of justice) — Exceptional remedy; burden on accused to show serious prejudice — Delay and non-disclosure — Disclosure duty proportionate to issues — Public interest in prosecuting serious offences.
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12 May 2023 |
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Defendant granted leave to amend Defence subject to revising pleaded matters struck out by an earlier judgment.
Civil procedure – amendment of pleadings (O.20 r5) – leave to amend Defence – court may consider merits only if lack of reasonable defence is readily apparent – issue estoppel – effect of earlier strike-out and discontinuance – estoppel and clarity of representations to be determined at trial.
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11 May 2023 |
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A refusal to recuse is interlocutory; leave to appeal may be granted, but an appeal does not automatically stay proceedings.
• Civil procedure – recusal applications – whether refusal to recuse is final or interlocutory – application approach applied.
• Appeals – constitutional right of appeal under s.21(1) & (4) left to Court of Appeal; Supreme Court may decline to decide.
• Leave to appeal – discretionary grant permitted even absent clear prospects of success where public interest or case‑management considerations justify it.
• Stay – appeal against recusal refusal does not automatically stay proceedings; stay requires judicial direction and will not be granted absent cogent reasons.
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5 May 2023 |
| April 2023 |
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Default judgment upheld; applicant's alleged pleading defects and proposed defence lacked real prospects.
Civil procedure – setting aside default judgment – grounds considered: irregularity (particularity of damages, interest, mesne profits), meritorious defence test (real prospect of success), detinue pleadings, counterclaim/set‑off; Court may refuse to set aside where proposed defence is merely non‑admissions and lacks averments; pre‑judgment interest claim under s.19 Civil Procedure Ordinance permissible; mesne profits liquidated once tenancy ends and defendant vacates.
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24 April 2023 |
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Rule 34 CPR 2021 is conjunctive and limited to varying existing bail conditions, not to making initial bail applications.
Criminal procedure — Bail — Rule 34 CPR 2021 construed conjunctively; applies only to remandees previously granted bail but unable to satisfy conditions — Rule 34 permits variation (not more onerous) of existing bail conditions and is not a route for initial bail applications — Distinction between rule 34 (monthly bail-condition review), rule 13(2) (remand review where trial exceeds nine months) and rule 31 (formal bail applications).
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24 April 2023 |
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Bail refused because unanimous jury convictions and severe penalties create an unmitigable risk the applicant will abscond.
Criminal law – Bail – Test is probability of appearance, judged by nature of accusation, evidence strength, severity of punishment, risk of absconding, sureties, and witness interference. Unanimous jury verdict is a relevant factor indicating strength of evidence and may increase risk of absconding. Serious firearm and robbery offences with severe penalties can justify refusal of bail where conditions cannot mitigate absconding risk. Procedural irregularity at sentencing resulted in order for retrial; transcripts should be expedited.
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14 April 2023 |
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11 April 2023 |
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A judge who did not preside at trial lacks jurisdiction to sentence the applicant; a retrial was ordered.
Criminal procedure – sentencing as part of the continuing trial – jurisdiction to sentence where trial judge demitted office – sentencing facts must be consistent with jury verdict – unfairness where sentencing judge did not hear trial evidence – retrial appropriate.
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5 April 2023 |
| March 2023 |
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Criminal law
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17 March 2023 |
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Mandatory seven-year minimum for firearm and ammunition offences upheld; mitigating factors not "exceptional" to reduce sentence.
Criminal law – Firearms – Statutory mandatory minimum sentence – "Exceptional circumstances" is a high threshold requiring holistic, fact-specific inquiry; personal mitigation alone rarely sufficient to disapply minimum. Sentencing – Application of R v Avis four questions (weapon, use, intent, record) and principles in R v Rehman and R v Nancarrow. Deterrence and Parliament’s purpose weigh heavily in upholding mandatory minimums for firearm offences.
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8 March 2023 |
| February 2023 |
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28 February 2023 |
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21 February 2023 |
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17 February 2023 |
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3 February 2023 |
| January 2023 |
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24 January 2023 |
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Criminal law
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9 January 2023 |
| December 2022 |
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19 December 2022 |
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19 December 2022 |
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2 December 2022 |
| November 2022 |
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22 November 2022 |
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22 November 2022 |
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Criminal law
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14 November 2022 |
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8 November 2022 |
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7 November 2022 |
| October 2022 |
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18 October 2022 |
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Criminal law
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14 October 2022 |