Hong Kong Law Reports and Digest: Recently reported cases, with observations by Mr Justice Bokhary
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.
HKSAR v Bui Van Cuong [2023] 2 HKLRD 1044
"This judgment grapples with provocation according to the law as it now appears to stand. The case for legislative law reform on the law of homicide is perhaps long overdue."
Lee Chick Choi v Hong Kong Golf Club [2023] 2 HKLRD 1117
"This claim failed on the facts, but the judgment provides a useful summary of the relevant principles."
Chan Pak Yuen (陳柏源) v Lam Man Kit (林文傑) [2023] 2 HKLRD 1067
"This decision states the relevant principles and provides an illustration of their application."
Able Wide Corp Ltd (廣能有限公司) v Makharia Alka [2023] 2 HKLRD 1344
"This judgment shows that unreasonable reliance on a non-starter of an argument, which reliance lengthens proceedings unnecessarily and wastes costs, is something for which the party raising it may be made liable in costs notwithstanding the compensation approach."
Director of Social Welfare v HKL [2023] 2 HKLRD 1370
"Cases like this show what the courts can and cannot do. The Court has done its part. What remains is for a loving couple to adopt the Infant."
Ko Pui Yee v Jones Lang Lasalle Management Services Ltd [2023] 2 HKLRD 1382
"This judgment, addresses, and illustrates, the Small Claims Tribunal's duty of investigation. (2) In order to avoid any risk of an adjudicator's manifest impartiality being called into question by reason of she or he having advised one party to adduce expert evidence on any given issue, one might think, and speak, instead of an adjudicator having to alert the party concerned to the need, or possible need, for it to adduce expert evidence on such issue. Steps may then have to be taken to alert the opposite party to the need, or possible need, to adduce countervailing expert evidence on that issue."
HKSAR v Chang Yau Hung Alexander (張有洪) [2023] 2 HKLRD 1506
"Those observations of the learned Vice-President were to be borne in mind when advising on whether to apply for, or renew an application for, leave to appeal against sentence."