This fortnight’s Hong Kong authorities matter for how you sentence, how you police an owners’ corporation, how you recover a mistaken payment, and how you seat an arbitration. The Court of Appeal has now shown that the revised drug-trafficking guidelines are not a footnote, and building-management injunctions will not wait on an IO’s protest that it cannot comply.

From the courts

In HKSAR v Leung Ho Tak [2026] HKCA 1724, the Court of Appeal allowed a sentence appeal and re-sentenced under the revised Huang Ruifang trafficking bands, reducing 17 years to 15 years and 2 months. If the new guidelines apply, the appellate court will start again — prepare the arithmetic for both hearings.

Sin Chan Kam v The Incorporated Owners of Wai Sun Building [2026] HKCA 1691 dismissed an IO’s appeal against a mandatory injunction. Inability to comply is a contempt question, not a reason to refuse the order. Put capacity evidence on file if enforcement is in view; do not treat it as a grant-stage veto.

Bedrock Manufacturing Europe BV v Whalet Ltd [2026] HKCFI 4942 is a warning for anyone chasing a recall through a payment agent. Mistake was proved, but change of position without notice and ministerial receipt still defeated restitution and a constructive-trust claim. Banks and processors should keep instruction trails; claimants need more than the error itself.

In Fu Hap Enterprises Ltd v Leung Kin Bong [2026] HKCFI 5020, misfeasance claims in a members’ voluntary liquidation failed. A later conflict of interest did not, without causation, restore money to the company. Liquidators still need a loss trail; directors should record why commercial steps were taken at the time.

Around the profession

The Department of Justice has opened a stakeholder consultation, running to 27 October, on amending the Arbitration Ordinance — DoJ launches stakeholder consultation on review of Arbitration Ordinance to enhance Hong Kong’s legislative framework for arbitration. A bill is targeted for early 2027. Review the 25 issues now if you draft Hong Kong seats.

Norton Rose Fulbright reports that Solvent Liquidations Given the Green Light for Recognition and Assistance in Hong Kong in Re Forever Winner. Compulsory solvent liquidations can now obtain common-law recognition and assistance; creditors’ voluntary liquidations remain a harder sell. Foreign office-holders with Hong Kong assets should budget for a recognition application rather than informal registrar or bank comfort.

Hong Kong Lawyer’s Face-to-Face with Jat Sew-tong SBS, SC, JP Chairperson, Competition Commission records the Commission chair’s view that bid-rigging should be criminalised this legislative year after the independent committee reports. Advise owners’ corporations and contractors on criminal as well as civil exposure.

Separately, the Indefinite time in psychiatric ward for Hong Kong man who fatally stabbed 2 in mall after the High Court accepted diminished responsibility. Where insight remains poor, expect an indefinite hospital order rather than a determinate term.

Open Common Laws to read the full judgments and keep this fortnight’s authorities at hand.

Image: Magnet larry / Wikimedia Commons