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Citation
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Judgment date
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| February 2024 |
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Sentencing for revenge-motivated arson; significant custodial sentence for premeditated domestic arson with victim psychological harm.
Criminal law – Arson (setting fire to dwelling with persons therein) – sentencing: assessment of culpability and harm in domestic/revenge context; general deterrence; victim psychological harm admissible via VPS; avoidance of double counting where presence of persons is elemental; remand credit.
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27 February 2024 |
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Freezing injunction refused for inadequate disclosure, insufficient evidence of assets and no demonstrated risk of dissipation.
Freezing injunction (Mareva) — requirements: justiciable claim, good arguable case, assets in jurisdiction, real risk of dissipation; duty of full and frank disclosure; necessity to identify specific assets/accounts; particularity of fraud allegations; corporate identity issues and improper purpose (security).
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13 February 2024 |
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Court granted leave to present an early divorce petition, finding exceptional hardship though no exceptional depravity.
Family law – Divorce within specified period – Section 7(2) MCO – Exceptional hardship and exceptional depravity – provisional assessment on affidavit evidence and value judgment
Evidence – Full and detailed affidavit material (including medical/counselling reports) required to show exceptional hardship
Considerations – social stigma, mental health, absence of cohabitation, and lack of prospect of reconciliation relevant to exceptional hardship assessment
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6 February 2024 |
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Section 108 bars compelling police to disclose the source of information for a search; the defendant's disclosure order was refused.
Criminal procedure – disclosure – whether prosecution must disclose source of information leading to search authority; interplay with statutory protection for police sources (s.108 Evidence Ordinance)
Evidence – section 108 Evidence Ordinance – statutory bar on compelling police to disclose whence they obtained information about offences. Public interest immunity – R v H principles and procedures considered but not invoked where statute bars compulsion. Fair trial – missing or unavailable extraneous material does not automatically render trial unfair; central issue is possession and credibility
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5 February 2024 |
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Court struck out homeowners’ association and landowner claims as abusive; ordered fuller particulars on rip currents, meteorology, and sandbar risks.
• Civil procedure – Order 18 r.19 – striking out pleadings for disclosing no reasonable cause of action or as abuse of process. • Fatal accidents – scope of liability of homeowners’ association and landowner for drowning adjacent to hotel property. • Particulars – need to particularise alleged meteorological conditions, rip/dangerous currents (distinct from tidal currents) and sandbar/geological risks; expert evidence must address pleaded particulars. • Exercise of discretion under Order 2 to permit late procedural application.
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2 February 2024 |
| January 2024 |
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Application to dismiss for want of prosecution refused; no contumelious default or proven prejudice, matter ordered for urgent directions.
RSC Order 25 – dismissal for want of prosecution – requirements for contumelious default or inordinate/inexcusable delay; prejudice and risk to fair trial; consent directions and shared culpability for delay; extension of time to file pleadings; discharge of interlocutory injunction not justified absent proven prejudice.
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19 January 2024 |
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Plaintiff not entitled to replacement cost; nominal damages awarded for delay and failure to mitigate.
Contract and tort — assessment of damages for defective repairs; measure of damages (replacement cost vs cost of cure/diminution in value vs nominal damages); duty to mitigate; proof of special damages; refusal of stay pending related claim.
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19 January 2024 |
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Judge refused to hear a no‑case submission without first putting the defendant to his election to call evidence.
Civil procedure – no‑case to answer submissions – non‑jury trials – judge should rarely entertain such submissions without putting defendant to election. Practice and authorities – Alexander v Rayson; Lawrie v Raglan; Benham; Neina Graham; White Book; Phipson
Evidence (
Special Provisions) Ordinance – use of documentary notices does not ordinarily justify early no‑case ruling; section 16(4) admissibility noted
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17 January 2024 |
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Delay alone does not compel bail; serious charges and risk of witness interference can justify continued remand.
Bail law – renewed bail application after earlier refusal – delay as potential change in circumstances – delay must be weighed against seriousness of offence, strength of evidence, risk of witness interference and public protection.
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15 January 2024 |
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Circumstantial evidence, including threats and a recorded admission, sufficed to convict the defendant of arson despite no fire report.
Criminal law – Arson – Circumstantial evidence – motive, opportunity, conduct and admissions as cumulative strands to prove guilt beyond reasonable doubt
Evidence – Admission against interest – recorded telephone conversation admissible and probative
Evidence – Identification – reliability where witness familiar with accused and lighting adequate
Procedure/evidence – absence of forensic fire investigation not necessarily fatal to circumstantial case if alternative hypotheses excluded
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9 January 2024 |
| December 2023 |
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Whether accommodation tax applies to owner or complimentary occupiers and whether tax arises where no charge is payable.
Tax law – Accommodation tax (Hotel, Restaurant and Tourism (Taxation) Ordinance) – Interpretation of "guest" and the effect of amendment adding "for reward or not"; tax measured by charges "paid or payable" — complimentary or owner-occupiers captured as "guests" but no tax arises absent charges; administrative assessment powers (s.27) not decided though particular averaging methodology criticized.
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21 December 2023 |
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Mandatory seven-year minimum for unlawful firearm and ammunition possession upheld; personal mitigation not exceptional.
Firearms Ordinance s.3(1) – mandatory minimum seven-year sentence for unlawful possession of firearm and ammunition – exceptional circumstances threshold
Sentencing – personal mitigation (first offender, health, family) insufficient to disapply mandatory minimum absent truly exceptional circumstances. Principle of deterrence and public interest in preventing firearms circulation. Possession of small quantity of cannabis – personal use; reprimand and discharge
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18 December 2023 |
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Leave refused: delay, non-justiciability of parliamentary acts and limited remedial powers outweigh arguable consultation concerns.
Judicial review – standing – sufficient interest to challenge public consultations affecting major public policy impacting tourism economy. Administrative law – consultation – proper and meaningful consultation when voluntarily undertaken. Constitutional/Parliamentary law – non-justiciability of internal parliamentary proceedings and Speaker’s procedural decisions; availability of parliamentary remedies (Privileges Committee)
Remedies – courts cannot quash primary legislation in ordinary judicial review; declaration may be available only via constitutional challenge. Procedural bars – inordinate delay and alternative remedy as discretionary bars to granting leave
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11 December 2023 |
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Acquittal where complainant’s inconsistencies and neutral medical findings created reasonable doubt on alleged penetration.
Criminal law – Sexual Offences – Rape of child under 13 – sufficiency of evidence and credibility of child complainant – inconsistencies and neutral medical evidence – reasonable doubt – acquittal.
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6 December 2023 |
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Substituted email service allowed to enforce a US judgment claim; service out of jurisdiction refused for insufficient evidence.
Civil procedure – enforcement of foreign judgment – US judgment not registrable under Overseas Judgments (Reciprocal Enforcement) Ordinance (reciprocity limited to UK)
Service out of jurisdiction – Order 11 RSC – claimant must show good arguable case, applicable sub‑rule, and TCI is appropriate forum; strict evidential requirement under r.4
Substituted service – email permitted where personal service attempts failed and email is likely to bring documents to defendant’s attention; publication denied absent evidence
Procedure – use of ex parte summons for interlocutory applications in TCI is procedurally improper; applications should be by letter/notice with affidavit
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1 December 2023 |
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Default judgment set aside where defendant showed triable issues on contract, enforceability of restraint clause, and credible excuse for delay.
Civil procedure – Setting aside default judgment – Order 13 r 9 – discretionary exercise; merits/triable issues and explanation for default
Contract – oral versus written agreement – capacity to understand document signed in another language; unilateral variation of terms. Employment law – enforceability of restraint of trade/non-competition clause; alleged repudiatory breaches (wages, housing, airfare, safe system of work)
Remedies – setting aside judgment where justice requires trial of contested factual and legal issues
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1 December 2023 |
| November 2023 |
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The applicant’s illegal U‑turn caused the collision; the applicant wholly liable and the claim dismissed.
Road traffic collision — liability — illegal U‑turn v. rear‑end collision — assessment on balance of probabilities — weight of police report and photographic evidence — skid‑mark evidence unreliable — counterclaim succeeds; plaintiffs 100% liable.
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23 November 2023 |
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Section 3(1) carriage of firearms is strict liability; finding a working gun and rounds in defendant’s bag in his vehicle warranted conviction.
Firearms — Carrying firearm and ammunition — Section 3(1) Firearms Ordinance — strict/absolute liability — knowledge/assent not required; evidence — recovery from defendant’s fanny pack in vehicle; lack of DNA/fingerprint not determinative; credibility and inference of knowledge.
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15 November 2023 |
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Leave granted to judicially review Integrity Commission’s conflict finding and reassignment recommendation; stay ordered pending review.
Administrative law – judicial review – leave to apply – timeliness and arguable grounds; conflict of interest – correct test and management of conflict; procedural fairness and legitimate expectation; Integrity Commission Ordinance s.85 report requirements; power to stay implementation of administrative/executive decisions under Ord.53 r.3(10).
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14 November 2023 |
| October 2023 |
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Leave to amend granted despite late service; no disclosure breach or irremediable prejudice found.
Amendment of pleadings – late amendment and alleged concealment; disclosure obligations – public-domain documents and scope of compulsory disclosure; whether affidavit required to justify lateness; prejudice — irremediable prejudice vs. compensable prejudice by costs; leave to amend under Order 20 r.5.
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31 October 2023 |
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DPP may re‑indict after a nolle prosequi; reinstatement is not abuse absent unequivocal assurance and detrimental reliance.
Criminal law — Nolle prosequi — Effect of nolle prosequi under s.70 Criminal Procedure Ordinance — Interaction with s.100 Constitution — Implied power to re‑indict — Abuse of process — Test requires unequivocal assurance and detrimental reliance — Fair trial considerations and public interest in retrial.
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16 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 |