BANK OF COMMUNICATIONS (HONG KONG) LTD V. CHINA FORTUNE ENTERPRISES LTD AND OTHERS

[2025] HKCA 945 Court of Appeal 22 October 2025 • CAMP115/2025 • 17 min read

5 cases cited (0 HK, 5 foreign) Cited by 1 case

Outcome

Leave to appeal refused

leave to appeal is refused.

Source: [2025] HKCA 945, Court of Appeal, decided 22 October 2025. Read directly from the judgment.

Judges (2)

Cheng Coram Cheung Coram

Counsel (6)

Gallant Firm Heung Massie & Clement Firm Dicky Cheung Counsel Defendant Kin Lau Counsel Plaintiff Lincoln Cheung Counsel Plaintiff Teresa Yu Counsel Defendant

Parties (6)

Bank of Communications (Hong Kong) Limited Plaintiff China Fortune Enterprises Limited Defendant Chan Wiliam Defendant Cheung Sau Yan Carina Defendant Lai Yuk Keung Defendant Lin Licai Defendant

Case Significance

Bank of Communications (Hong Kong) Ltd v China Fortune Enterprises Ltd and Others [2025] HKCA 945, decided 22 October 2025, arose from the District Court decision Bank of Communications (Hong Kong) Ltd v China Fortune Enterprises Ltd and Others [2024] HKDC 2015, engaging section 63A(2) of the District Court Ordinance. The Court of Appeal held that "leave to appeal is refused." The determination referenced authorities including China Citic Bank International Ltd v China Will Enterprise Ltd and Others [2024] HKCFI 1859, alongside [2018] HKCFI 729, [2003] 1 HKLRD 1 and [2002] 2 AC 773.

The refusal in [2025] HKCA 945 was subsequently cited in Nanyang Commercial Bank, Ltd v Sungrade Development Ltd [2026] HKCFI 1085, a later Court of First Instance decision addressing a similar District Court Ordinance leave issue.

Summary

Bank of Communications (Hong Kong) Limited applied for leave to appeal against a District Court decision in a debt recovery action against China Fortune Enterprises Ltd and four individual defendants including guarantors. The case concerned a loan default and the bank's rights against the company and personal guarantors. The Court of Appeal determined the leave application.

What did the Court of Appeal decide in Bank of Communications (Hong Kong) Ltd v China Fortune Enterprises Ltd and Others [2025] HKCA 945?

The Court of Appeal held that "leave to appeal is refused," in a matter engaging section 63A(2) of the District Court Ordinance, following the District Court decision Bank of Communications (Hong Kong) Ltd v China Fortune Enterprises Ltd and Others [2024] HKDC 2015.

Has Bank of Communications (Hong Kong) Ltd v China Fortune Enterprises Ltd and Others [2025] HKCA 945 been cited in later decisions?

Yes. It was cited in Nanyang Commercial Bank, Ltd v Sungrade Development Ltd [2026] HKCFI 1085, a later Court of First Instance decision addressing a comparable District Court Ordinance leave question.

Statutes Cited

District Court Ordinance (Cap 336)

s 63A(2)

Cases Cited (5)

UK (1)

[2002] 2 AC 773

HK (4)

[2003] 1 HKLRD 1 [2018] HKCFI 729 [2024] HKCFI 1859 [2024] HKDC 2015

Cited By (1)

[2026] HKCFI 1085

NANYANG COMMERCIAL BANK, LTD V. SUNGRADE DEVELOPMENT LTD

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2026] HKCFI 1085 Court of First Instance

26 February 2026