Hao Xiaoying v. Wong Yiu Lam William and Others

HCMP 1968/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1968 OF 2014

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BETWEEN

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REASONS FOR DECISION

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1.Hearing heard counsel and considered the draft order provided by Mr Dawes, I have come to the view that it would be appropriate to impose a sentence of imprisonment of 4 months against W Wong for his contempt of court in light of the circumstances of this case.  In particular, the persistent non-compliance with the 1^st Order and the aggravating feature identified in paragraph 68 of the Judgment handed down earlier today.  The sentence needs not be served if he purges his contempt.

2.As regards the fine to be imposed on Huang and Lau, I believe that the level of fine should reflect the circumstance of this case and must constitute a real punishment for them.  I therefore bear in mind in particular that their contempt of court concerns a large sum of money and there is no suggestion that either Huang or Lau has any financial difficulty.  I also bear in mind the authority of Lau Yee Ching v Wong Tak Kwong & Ors, CACV 385/2005 (3 March 2006), § 6 which has been referred to me by Mr Wong.

3.I take the view that a fine in the sum of HK$150,000 for Huang and for Lau is appropriate.

Mr Victor Dawes and Mr James Man, instructed by Tony Kan & Co, for the plaintiff

Mr Jonathan Wong, instructed by Fan Wong & Tso, for the defendants