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Hong Kong Civil Court Practice (Desk Edition 2024)

Hong Kong Civil Court Practice (Desk Edition 2024)

Author: Julienne Jen
Publisher: LexisNexis Hong Kong
ISBN: 9789888863204
Published In: January 2024
Format: Hardback (2 volumes)
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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The Hong Kong Civil Court Practice - Desk Edition 2024 contains the most updated text on the rules of the High Court of Hong Kong with full commentary. Many accomplished practicioners and academics have contributed to this collaborative effort throughout its inception since 1994. The Desk Edition is currently maintained by Julienne Jen.

Some of the key updates in the Desk Edition 2024 include:-

a. Minebea Cambodia Co Ltd v Zhao Jin Fang (trading as Anzhan Industrial & Commercial Co) [2022] HKCU 5336, [2022] HKCFI 3325 in which declaratory relief was granted in default in a number of email fraud cases, contrary to the usual practice where the court would not grant such a relief without a trial;

b. Tang Wing Hung Albert (formerly known as Tang Shun Tai) v Law Chau Fat [2022] 5 HKC 664, [2022] HKCA 1002 wherein it was held that the excess amount of security paid in would not stand as security for other unpaid costs in the proceedings;

c. Lee Yuk Tsan & Anor v So Kwai Chung & Anor [2022] 6 HKC 117, [2022] HKCFI 2235 wherein it was held that where an action has been struck out previously, the court has the power to restore a claim or counterclaim but for costs only;

d. The updated interest rates on judgment debts from 1 January 2023 onwards;

e. JTM324 Strategic Advisors, Inc v Permex Co Ltd [2023] HKCU 632, [2023] HKCFI 403 wherein it was held that notwithstanding Practice Direction 5.4, which seems to suggest that skeleton arguments may not be applicable to hearings fixed less than 30 minutes, where an applicant is asking the court for a substantive order in a call-over hearing, it is essential to lodge skeleton arguments in support as there is usually not enough time for the parties to develop their arguments verbally; and

f. Aberope Proprietary Ltd v Hao Jimmy [2023] HKCU 1011, [2023] HKCFI 714 wherein it was held to be possible for a defendant to apply to set aside a default judgment against a fellow defendant.

1 The Historical Development of Hong Kong's Anti-Corruption Law

2 The ICAC of the Hong Kong SAR - Part I: Establishment and Structure

3 The ICAC of the Hong Kong SAR - Part II: Jurisdiction and Operations

4 Powers of Arrest and Detention

5 Part I of the Prevention of Bribery Ordinance

6 The Mens Rea of Part II Offences

7 Sections 3 and 8, Prevention of Bribery Ordinance: The Offer and Acceptance of Advantages without a Corrupt Purpose

8 Sections 4 and 7, Prevention of Bribery Ordinance: Corruption Involving Public Bodies

9 Section 9, Prevention of Bribery Ordinance: Corrupt Transactions with Agents

10 Section 10, Prevention of Bribery Ordinance: Explaining Undue Wealth

11 Sentencing for Corruption Offences

12 Powers of Investigation

13 Prosecuting Offences under the Prevention of Bribery Ordinance

14 The Common Law Offence of Misconduct in Public Office

Principal Lecturer, The University of Hong Kong, Faculty of Law Julienne Jen

Julienne Jen, LLB & LLM (London), PCLL (HKU), is a solicitor admitted in the High Court of Hong Kong and the Supreme Court of England and Wales. She is a Principal Lecturer at the Faculty of Law, University of Hong Kong. Prior to joining the University, Julienne practised as a solicitor in the litigation department of an international law firm in Hong Kong. She joined the University’s Department of Professional Legal Education in September 2004 and is the director of the Full-time PCLL programme. She mainly teaches and coordinates the Civil Litigation, Commercial Dispute Resolution and Employment Law & Practice courses. Julienne received the University’s Outstanding Teaching Award in 2019 and is a Senior Fellow of the UK Higher Education Academy. Julienne has co-authored various articles and spoken in conferences concerning professional legal education and experiential learning. She is a member of the Editorial Board of the Hong Kong Lawyer magazine. In addition, she contributes regularly to the LexisNexis Practical Guidance series and the Current Service of the Halsbury’s Laws of Hong Kong. Julienne is an examiner in Civil Procedure the Law Society’s Overseas Lawyers’ Qualification Examinations and an examiner in Business Associations of the PCLL Conversion Examinations. She had been an examiner of Civil Procedure of the PCLL Conversion Examinations since its inception. She also serves on the Examining Panel of the Hong Kong Higher Rights of Audience Assessment Board. Julienne also sat on various statutory appeal boards and is currently sitting on the Administrative Appeals Board, the Appeal Board Panel (Town Planning), the Insurance Appeals Tribunal and the Travel Industry Appeal Panel.