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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.

China Medical Technologies Inc (In Liq) v Tsang Tak Yung Samson [2022] 2 HKLRD 517

 “This is a case pointing out significant differences between the pre-CJR position and the post-CJR position.”

HKSAR v Arias Guardia [2022] 2 HKLRD 527

“The judgment deals at length with, on the one hand, the co-conspirators rule (the essentials of which are as stated by the Court of Final Appeal in Vivien Fan v HKSAR (2011) 14 HKCFAR 641 at para.81) and, on the other hand, the rule laid down by the High Court of Australia in Ahern v The Queen (1988) 165 CLR 87 and applied by the Court of Final Appeal in Oei Hengky Wiryo v HKSAR (No 2) (2007) 10 HKCFAR 98.”

HKSAR v Tsang Fuk Wing [2022] 2 HKLRD 607

 “While leave applications are not usually reported, this one is reported for the practice and procedure, as indicated above, which was laid down by the learned Vice President sitting as a single judge.”

Re T & L (Parental Order: s.12 Parent and Child Ordinance (Cap.429)) [2022] 2 HKLRD 685 

“The foregoing holdings are the ones directly relevant to the main issues identified by the Judge and to the orders and directions made at the present stage. But the whole of the judgment bears careful study for its guidance on the substantive law, and the practice and procedure, pertaining to surrogacy and parental orders.”

By Hong Kong Law Reporting Team

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