Leading Cases

• 25 June 2009 Wai Yin Hin v Wong Po Kit

  Court of Appeal affirmed kendo master's negligence in hitting student.

  "He should have started his demonstration by using a reduced amount of force, which he could build up gradually if the demonstration required and as the student 'toughened up'"

• 23 June 2009 Solicitors Fee

  Judges voiced dissatisfaction against solicitors/parties in a number of recent cases

• 16 June 2009 The Author of a Blog v Times Newspapers Limited

  "Thousands of regular bloggers who communicate nowadays via the Internet, under a cloak of anonymity, would be horrified to think that the law would do nothing to protect their anonymity."

• 21 May 2009 HKSAR v Kanjapanas & Ors

  Court of Appeal increases sentence of solicitor to 6 years imprisonment.

  "As an officer of the court, a solicitor is expected, as the least of his duties to the court, to promote justice, not to pervert it. This is a substantial aggravating factor given the nature of the offence."

• 11 May 2009 In the matter of PCCW Limited （電訊盈科有限公司）

  "Frankly, the arguments that amounted to little more than that there was nothing wrong with vote manipulation are, on analysis, extraordinary."

• 5 May 2009 HKSAR v Wan Yet Kwai (温日貴)

  "A common sense, right-thinking member of the community would consider that evidence sufficient to found a belief that the HK$1.7 million, wholly or in part, represented the proceeds of "some kind of serious crime."

• 29 April 2009 R v JTB

  Lords of Appeal confirmed abolition of the presumption and defence of doli incapax

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Barely Legal

Love hotels operating religious legal entity accused of tax dodging (9 June 2009).

 :: Bond v BBC (11 March 2009): "After all, if "he was not interested in receiving bungs", and "no one he has ever worked with has taken a bung", there would be no story worthy of an exposè on prime time television."

 :: Peconic Industrial Development Ltd v Lau Kwok Fai & Ors (27 February 2009): A piece of Mai Po land was bought for HK$151 million (USD20 million) and, more or less contemporaneously, sold to the bank for HK$515 million (USD66 million).

 :: Koo Ming Kwon v Next Media Limited & Ors(17 February 2009): In a modern Carbolic Smoke Ball case, the 2nd Defendant Jimmy Lai Chee Ying (黎智英), a well known, pro-democracy Hong Kong media tycoon, made a public pledge to bear 50% of the advertisements which "arouse the democratic consciousness of Hong Kong people". The plaintiff took out advertisements in 15 newspaper at a cost of more than HK$1,100,000 (USD140,000) and demanded payment within 3 days.

 :: HKSAR v Kanjapanas, Chong Kwong Derek & Ors (12 February 2009): The Hong Kong Court of Appeal heard the appeal of a case in which the ICAC alleged a conspiracy to pervert the course of justice involving inter alios a well known criminal solicitor and barrister and a habeas corpus application.

 :: Greenland Bank Limited (in liquidation) v American Express Bank Limited (27 January 2009): "Riding two horses at the same time is always difficult enough: riding them when they are charging in opposite directions is an altogether remarkable feat, so let me begin by praising the skills of counsel for Amex, Mr David Wolfson, who with customary courtesy, cogency, and not a little charm, managed to stay in the saddle notwithstanding some hostile fire from at least this incredulous member of the court. He escapes all Swift's opprobrium. How did he manage it?"

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"I realise I should not have attended court as my behaviour was likely to be somewhat robust."

Esther Cunningham, solicitor and a Deputy District Court Judge