The recent judgment of the Court of First Instance in 

Koo Ming Kown v Baptist Convention of Hong Kong & Ors 

[2024] HKCFI 2869 is another episode in the long-running dispute between the Plaintiff and a school sponsoring body (“

”) and its officers over the management of the Pui Ching schools.

After an 11-day trial, K Yeung J dismissed all of the Plaintiff’s claims, including his claims for fraudulent misrepresentation and duties of disclosure against all of the Defendants, and also in his claim for breach of contract against BCHK, with costs 

With none of the Defendants called to give evidence, the Judge considered in detail the relevant principles on adverse inferences, including various appellate decisions in Hong Kong and the UK. Emphasising that the drawing of adverse inferences was not an automatic exercise, and would depend on all the circumstances including the quality of the other evidence, the Judge rejected the Plaintiff’s proposal to draw adverse inferences against the Defendants.

The judgment also provides useful guidance on implied representations in the context of misrepresentation claims – in particular, that the enquiry is objective, and that the certainty (or lack thereof), width and complexity of the alleged representation are all relevant to whether an implied representation is found to exist. The Judge also reviewed the principles on 

 fiduciary duties and implied / inferred contracts.

, Richard Yip and Keith Cheung, instructed by Or & Partners, acted for the 1

, instructed by Karas So LLP, acted for the 4

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‘Fight Back to School’ : Fraud Claims in Pui Ching Schools Litigation Dismissed with Indemnity Costs

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