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Hong Kong Law Reports and Digest: Recently reported cases, with observations by Mr Justice Bokhary

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Hong Kong Law Reports and Digest is the only authorised law reporting service in Hong Kong endorsed by the Judiciary. Cases are selected by the Hon Mr Justice Bokhary GBM, NPJ, General Editor, ensuring the most reliable and comprehensive coverage of over 100 years of official case law in Hong Kong.

The following cases were recently reported by the Hon Mr Justice Bokhary. See below for His Lordship’s remarks and observations by way of Editor’s Notes.

Securities and Futures Commission v Isidor Subotic [2023] 1 HKLRD 983 

“This judgment addresses the nature and scope of proceedings brought by the Securities and Futures Commission under s.213 of the Securities and Futures Ordinance (Cap.571) on the basis of a statutory tort.”

LWH v YMY (Financial Provision for Family and Dependants) [2023] 1 HKLRD 1004 

“The main importance of this judgment lies in what was said about the notional divorce inquiry and what was done upon such inquiry.”

Yu Kwok Wa v China Telecom Global Ltd [2023] 1 HKLRD 1043

 “In this case, an attempt to rely on an approach adopted, or apparently adopted, in some old English cases failed, that approach being inconsistent with the approach authoritatively laid down by the Court of Final Appeal in Hong Kong. It was also observed that that old English approach is, in any event, not the one now followed in England.”

HKSAR v Rahman MD Motaleb [2023] 1 HKLRD 1259 

“This judgment provides further guidance as to Form 8 enhancement and enhancement for the presence of more than one type of drugs.”

HKSAR v Nguyen Thang Loi [2023] 1 HKLRD 1329

 “The importance of this judgment is obvious since it (i) revised the sentencing guidelines for one offence; and (ii) laid down for another offence sentencing guidelines where there had previously been none.”

By Hong Kong Law Reporting Team

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