Introduction
This is a report on the financial status of the Fund and the progress of assisted cases for the period from 1 April 2024 to 30 September 2024.
Finance
During the reporting period, the total income and expenditure of the Fund were HK$595,000 and HK$1,085,000 respectively. As at 30 September 2024, the total accumulated fund stood at about HK$19 million.
Overview
During the reporting period, the Fund received 17 new applications. In addition, 6 applications were received prior to the reporting period and were under process during the reporting period. Amongst these 23 applications, 2 were withdrawn, 9 were declined and 6 remain under consideration. The Fund has granted assistance to 6 applications.
Progress of cases
Cases Carried Over From Previous Year
Columbarium – Refusal to Allow Interment of Ashes
The assisted consumer’s mother purchased a niche from a private columbarium in 1996. In 2017, the assisted consumer wanted to inter her mother’s ashes into the niche after she passed away. However, the columbarium refused to do so on the ground that the deceased’s name printed on the receipt issued by the columbarium was different from the name on her death certificate and Hong Kong Identity Card.
During the reporting period, the columbarium’s application for licence under the Private Columbaria Ordinance (PCO) was under review by the Private Columbaria Licensing Board. In May 2024, the columbarium informed the Assisted Consumer that she may proceed to complete the procedures for ash interment.
Financial Services – Breach of Duty and Contract
Evidence indicated that the assisted consumer sustained loss in investing in London Gold as a result of the breach of duty and contractual obligation by the trader. In view of the circumstances of the case, the Fund considered that there were sufficient merits and significant consumer interest for assistance to be granted for legal action to be taken against the trader.
During the reporting period, follow up actions were in progress.
Purchase of Residential Property – Breach of Duty and Contract
Evidence indicated that the assisted consumer was induced to purchase a unit adjoining the flat roof in reliance of an improper floor plan and misrepresentations given by the estate agent.
During the reporting period, the assisted consumer received a sum in full and final settlement and the case was settled.
Beauty Services – Personal Injuries Claim
Evidence indicated that the assisted consumer sustained personal injuries as a result of facial treatment performed by a doctor at a medical beauty centre.
During the reporting period, agreements on the settlement sum and costs sum were concluded with the doctor and follow up actions in pursuance of the agreements were in progress.
Immigration Consultancy Services – Breach of Duties
Evidence indicated that an immigration consultancy services company had breached its contractual and common law duties of care towards the assisted consumers, rendering them unable to proceed with their immigration process.
During the reporting period, follow up actions were in progress.
Purchase of Residential Property – Breach of Duty and Contract (23 cases)
Evidence indicated that the developer had failed to provide a first mortgage plan entailing a 2-year principal and interest free period offered to purchasers at the time of sale.
During the reporting period, a settlement was concluded with the developer and follow up actions in pursuance of the settlement were in progress.
Time-sharing Scheme – Aggressive Commercial Practices
Evidence indicated that the assisted consumer was induced to execute 3 vacation club membership agreements by unconscionable and unfair tactics adopted by the trader.
During the reporting period, a default judgment in favour of the assisted consumer was obtained and follow up actions in pursuance of the default judgment were in progress.
Legal services – Breach of Duties
Evidence indicated that a law firm had breached its duties of care and fiduciary duties towards the assisted consumers, causing them to suffer loss as a result of the loss of priority in the charging order obtained over the judgment debtor’s property to another client of the law firm.
During the reporting period, follow up actions were in progress.
Financial Services – Fraud
Evidence indicated that the assisted consumer suffered loss due to suspected fraud perpetrated by a trader purporting to offer gold trading services.
During the reporting period, follow up actions were in progress.
Immigration Consultancy Services – Breach of Duties
Evidence indicated that an immigration consultancy services company had breached its contractual and common law duties of care towards the assisted consumer, rendering her unable to proceed with her immigration process.
During the reporting period, the assisted consumer received a sum in full and final settlement and the case was settled.
Financial Services – Instalment Payment Plan
The assisted consumers lodged claims against a beauty centre and a bank in separate proceedings in the Small Claims Tribunal (“SCT”) concerning a dispute arising out of the purchase of a beauty package from the beauty centre with a loan offered by the bank under a credit card instalment payment plan. Favourable judgment was obtained against the beauty centre for rescission of the purchase contract and damages. However, the proceedings against the bank claiming, amongst other things, late payment interest charged by the bank was unsuccessful.
During the reporting period, an appeal against the judgment of the Small Claims Tribunal concerning the late payment interest was heard in the High Court. Decision was made in favour of the bank. Having deliberated, the Fund decided not to pursue an appeal in the Court of Appeal. Follow up actions were in progress.
Continuous Positive Airway Pressure Device – Product Liability
The assisted consumer claimed that the use by her spouse of a continuous positive airway pressure device, which was subject to product recall, caused his death.
During the reporting period, follow up actions were in progress.
Residential Renovation Works – Unscrupulous Trade Practices and Contract
Disputes arose between the assisted consumer and the trader concerning the charges, workmanship and abandonment of home renovation works at her mother’s property.
During the reporting period, the Small Claims Tribunal ordered that judgment be entered in favour of the assisted consumer against the trader. The case concluded accordingly.
Beauty Services – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer entered into a membership agreement as a result of the trader’s unscrupulous trade practices.
During the reporting period, a settlement was concluded with the trader. The assisted consumer received the settlement sum and the case was settled.
Wedding Event Planning Services – Misrepresentations and Unscrupulous Trade Practices (5 applications)
Evidence indicated that the assisted consumers were induced to purchase packages of wedding services as a result of the trader’s misrepresentations and unscrupulous trade practices.
During the reporting period, follow up actions were in progress.
Beauty Services – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer entered into various treatment plans as a result of the trader’s unscrupulous trade practices.
During the reporting period, follow up actions were in progress.
Fitness Services – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer entered into 1 membership plan and 7 personal training plans as a result of unfair trade practices and unconscionable conduct of the fitness centre.
During the reporting period, a settlement was concluded with the trader. The assisted consumer received the settlement sum and the case was settled.
Immigration Consultancy Services – Breach of Duties
Evidence indicated that an immigration consultancy services company had breached its contractual and common law duties of care towards the assisted consumer, rendering his immigration application unsuccessful.
During the reporting period, the assisted consumer withdrew the application due to personal reasons.
Immigration Consultancy Services – Breach of Duties
Evidence indicated that an immigration consultancy services company had breached its contractual and common law duties of care towards the assisted consumer, rendering her immigration application unsuccessful.
During the reporting period, follow up actions were in progress.
Fitness Services – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer, being a person suffering from schizophrenia and auditory hallucination, entered into personal training services and fitness membership under 6 contracts within 3 weeks as a result of unfair trade practices and unconscionable conduct of the fitness centre.
During the reporting period, follow up actions were in progress.
Fitness Services – Breach of contract and Unscrupulous Trade Practices
Evidence indicated that the assisted consumer entered into 2 personal training plans as a result of the unfair trade practices and unconscionable conduct of the fitness centre. The trader subsequently failed to provide services.
During the reporting period, follow up actions were in progress.
Time-sharing Scheme – Aggressive Commercial Practices
Evidence indicated that the assisted consumer was induced into entering a vacation club membership agreement and/or membership upgrade by the trader's unconscionable and unfair sales tactics.
During the reporting period, follow up actions were in progress.
Newly Assisted Case
Residential Renovation Works – Unscrupulous Trade Practices and Contract
The assisted consumer suffered loss due to the trader’s failure to complete a renovation project following the trader’s abrupt closure.
The Fund considered that the case involved sufficient legal merits and significant consumer interest. However, before the commencement of assistance, the assisted consumer withdrew the application for personal reasons.
Purchase of Residential Property – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer purchased a first-hand residential property prior to completion. Upon completion, the living room’s window was reduced from full size (per the sales brochure and representations provided at the time of sale) to half size.
The Fund considered that the case involved sufficient legal merits and significant consumer interest. By the end of the reporting period, the Fund was in the process of instructing solicitors to act for the assisted consumer.
Medical Beauty Services –Breach of duties
Evidence indicated that the assisted consumer sustained personal injuries as a result of breast augmentation and related treatments carried out by a registered medical practitioner in breach of his duties of care.
The Fund considered that the case involved sufficient legal merits and significant consumer interest. During the reporting period, the Fund instructed solicitors to provide assistance to the assisted consumer.
Residential Renovation Works – Unscrupulous Trade Practices and Contract
The assisted consumer was engaged in a dispute with the trader concerning quality and delay in residential renovation works at his property.
The Fund considered that the case involved sufficient legal merits and significant consumer interest. By the end of the reporting period, the Fund was in the process of instructing solicitors to act for the assisted consumer.
Purchase of Residential Property – Breach of Duty and Contract
Evidence indicated that the developer had failed to provide a first mortgage plan entailing a 2-year principal and interest free period offered to purchasers at the time of sale.
The assisted consumer is the administratrix of the estate of her late husband who was granted assistance by the Fund. The Fund agreed to grant assistance to the assisted consumer to continue with the claim. During the reporting period, the Fund instructed solicitors to provide assistance to the assisted consumer. A settlement was concluded with the developer and follow up actions in pursuance of the settlement were in progress.
Beauty Services – Unscrupulous Trade Practices
Evidence indicated that the assisted consumer, being a person suffering from depressive disorder, purchased 9 beauty treatment packages as a result of unscrupulous trade practices of the beauty centres.
The Fund considered that the case involved significant consumer interest. By the end of the reporting period, the Fund was in the process of instructing solicitors to act for the assisted consumer.
Statistics
Annexure 1 to this report is a brief statistics of the Fund’s cases.