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CACV 178/2021,
[2025] HKCA 646
On Appeal from
[2021] HKCFI 710
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO 178 OF 2021
(ON APPEAL FROM HCA NO 1524 OF 2012)
________________________
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BETWEEN
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CHEN JINHUI (陳金輝)
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Plaintiff
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and
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WONG KAM SAN (黃錦新), by his
guardian ad litem, HUANG YUEXIA (黃月霞)
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1
st
Defendant
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LINE POWER LIMITED (僑威有限公司)
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2
nd
Defendant
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TRENGEI DEVELOPMENT LIMITED
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3
rd
Defendant
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LEAD SUCCESS (HONG KONG) LIMITED
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4
th
Defendant
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(鴻成 (香港) 有限公司)
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HAWKINS DEVELOPMENT LIMITED
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5
th
Defendant
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(順勤發展有限公司)
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SUPERFINE GROUP LIMITED
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6
th
Defendant
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(金輝集團有限公司)
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____________
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Before:
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Hon G Lam and Chow JJA in Court
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Dates of Written Submissions:
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6, 20 and 27 May 2025
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Date of Judgment:
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17 July 2025
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J U D G M E N T
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Hon Chow JA (giving the Judgment of the Court):
INTRODUCTION
1.
There are before the Court two summonses taken out by 4
th
to 6
th
Defendants for leave to adduce new evidence in support of their appeal against the judgment of Deputy High Court Judge Leung (as he then was) dated 19 March 2021:
(1) By a summons dated 23 January 2025 (“
the First Summons
”), the 4
th
to 6
th
Defendants apply for leave to adduce the following 3 items of proposed new evidence –
(a)
Item 1
- a criminal judgment of the Liaoning Benxi Intermediate People’s Court dated 19 September 2024 (“
the Intermediate People’s Court Judgment
”);
(b)
Item 2
- an email from Cheng Rui (“
Cheng
”) to Zhang Rongwen (“
Zhang
”) dated 29 April 2022 and the attachments thereto, including a purported declaration made by the Plaintiff dated 25 April 2022; and
(c)
Item 3
- an email from Cheng to Zhang dated 23 May 2022 and the attachments thereto, including a purported declaration made by the Plaintiff dated 21 May 2022.
(2) By a further summons dated 24 April 2025 (“
the Second Summons
”), the 4
th
to 6
th
Defendants apply for leave to amend the First Summons for the purpose of seeking leave to adduce an additional item of proposed new evidence, namely –
Item 1A
- a criminal judgment of the Liaoning Higher People’s Court dated 17 March 2025 (“
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