Law of Injunctions in Hong Kong

Author: Andrew Mak
Publisher: LexisNexis Hong Kong
ISBN: 9789888301980
Published In: May 2016
Format: Hardback , 468 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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Injunctions in Hong Kong provides in-depth coverage and definitive guidance on the subject of both interlocutory and final (perpetual) injunctions. It explains how and when to obtain, how to defend against injunction orders and any other ancillary options available. The first edition includes precedents and forms, relevant Rules and Practice Directions and selected statutory material.

Apart from money claims, Injunctions are the most important remedy in any civil claim. It is a powerful tool to support money claims. In addition, it often successfully ends litigation earlier by having a pre-emptive advantage to force a quick settlement. Foreigners and investors coming to this jurisdiction will find this procedure a useful tool for dispute resolution.

Part I General Nature of Injunction
1. History and Evolution
1.1. History of Injunction
1.2. Modern Law of injunction
2. Interim Injunction
2.1. Ex parte application
2.1.1. Duty to make full and frank disclosure
2.1.2. Examples of accepted full and frank disclosure
2.1.3. Examples of rejected full and frank disclosure
2.1.4. Undertaking as to damages.
2.2. Inter parte application
2.2.1. Irreparable Damage
2.2.2. Delay
2.2.3. Examples of Injunctions granted
2.2.4. Examples of Injunction refused
3. Perpetual Injunction
3.1. Prohibitory Injunction
3.2. Mandatory Injunction

Part II Specific Types of Injunction
4. Preservation of assets : Mareva Injunction
5. Preservation of Evidence : Anton Piller relief
6. Companies
7. Quia Timet Injunction
8. Foreign Related injunctions and Anti-suit injunctions.
8.1 Assisting Foreign Proceedings
8.2 Anti-suit injunction
9. Injunctions affecting letters of credit, performance bonds and bank guarantees payable on demand or their proceeds.
10. Injunctions to preserve privileged information
10.1. Confidential Information
10.2. Legal Professional Privilege
10.3. State Secrets
10.4. Private Information and Super Injunctions

Part III Enforcement Aspects
11. Third party
12. Appointment of Interim Receiver
13. Contempt of court
14. Ancillary Orders : Disclosure orders, Norwich Pharmacal relief, and orders ancillary to injunctions
15. Post-Judgment injunctions

Part IV Discharge, variations and appeals
16. Discharge and variation
17. Appeals

Part V Costs
18. Costs

Forms
19. Forms
20. Practice Directions

Andrew Mak is a barrister-at-law with a broad practice in civil and commercial law, including the areas of property law, commercial contracts, international trade disputes, professional disciplinary proceedings and constitutional and administrative law. He is an accredited mediator and also practises in arbitration.

Andrew is currently a director of the Coalition of Professional Services of Hong Kong, Chairman of the Disciplinary Appeal Committee of the Confederation of Insurance Brokers, Chairman of the Hong Kong Bar Association's Special Committee on Planning and Policy, and Chairman of the Hong Kong Bar Association's Special Committee on Greater China Affairs. He has sat as Chairman or Vice-Chairman on various appeal tribunals including the Building Appeals Tribunal, the Licensing Appeals Board and the Administrative Appeals Board. He has also served on the Inland Revenue Board of Review and the Insurance Advisory Committee of the HKSAR Government.