CHINA NATIONAL GOLD GROUP HONG KONG LTD V. THE HONGKONG AND SHANGHAI BANKING LTD

[2025] HKCA 1068 Court of Appeal 2 December 2025 • CACV862/2025 • 13 min read
12 cases cited (0 HK, 12 foreign)

Outcome

Appeal allowed

we allowed the appeal and granted the order sought.

Source: [2025] HKCA 1068, Court of Appeal, decided 2 December 2025. Read directly from the judgment.

Judges (3)

Counsel (3)

Case Significance

CHINA NATIONAL GOLD GROUP HONG KONG LTD V. THE HONGKONG AND SHANGHAI BANKING LTD [2025] HKCA 1068 was an appeal concerning Arbitration Ordinance section 55. The Court of Appeal held that "we allowed the appeal and granted the order sought." The appeal followed CHINA NATIONAL GOLD GROUP HONG KONG LTD V. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER [2025] HKCFI 4682 at first instance, with the Court of Appeal's reasoning also engaging wider arbitration authority, including (2024) 27 HKCFAR 634 and [2023] UKPC 35.

Summary

Non-refoulement claimant applied for leave to appeal to the Court of Final Appeal against the Court of Appeal's judgment dismissing the judicial review appeal. The applicant raised only fact-specific allegations and failed to identify any error in the judgment. The Notice of Motion was dismissed.

What did the Court of Appeal decide in the China National Gold Group arbitration appeal [2025] HKCA 1068?

The Court of Appeal held that "we allowed the appeal and granted the order sought," in CHINA NATIONAL GOLD GROUP HONG KONG LTD V. THE HONGKONG AND SHANGHAI BANKING LTD [2025] HKCA 1068, a matter concerning Arbitration Ordinance section 55.

What first-instance decision preceded [2025] HKCA 1068?

The appeal followed CHINA NATIONAL GOLD GROUP HONG KONG LTD V. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER [2025] HKCFI 4682, with the Court of Appeal's reasoning also drawing on wider arbitration authority including (2024) 27 HKCFAR 634 and [2023] UKPC 35.

Statutes Cited

Cases Cited (12)

UK (5)
[1994] 1 AC 324 [1999] 1 All ER 400 [2002] 1 WLR 2033 [2012] 1 WLR 3333 [2023] UKPC 35
HK (7)
(2024) 27 HKCFAR 634 [2002] 3 HKLRD 111 [2003] 1 HKLRD 524 [2020] 5 HKC 550 [2021] HKCFI 650 [2024] 2 HKLRD 178 [2025] HKCFI 4682

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2025] HKCA 1068)