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宗馥莉上诉被香港法院驳回
第一财经· 2025-09-28 01:01
Core Viewpoint - The recent ruling by the Hong Kong High Court regarding the Wahaha family trust case maintains the freezing of $1.8 billion in assets but delays the disclosure of account information until further court instructions are provided, indicating that the substantive issues of the case remain unresolved [3][4][5]. Summary by Sections Legal Proceedings - The Hong Kong High Court rejected Zong Fuli's appeal against the asset freezing order, which was initially issued on August 1, and confirmed that the assets will remain frozen until the Hangzhou court makes a ruling on the substantive issues [3][5]. - The court's decision is seen as a procedural measure to assist the ongoing litigation in Hangzhou, with no definitive conclusions on the substantive legal matters [5][6]. Appeal Reasons - Zong Fuli's appeal included five main arguments: incorrect application of legal standards for the freezing order, lack of prior application for protective measures by the three children, significant defects in the trust's validity, unnecessary overreach in freezing assets, and overly broad disclosure requirements [6][8]. - The court addressed each of these arguments, ultimately denying the appeal but temporarily suspending the requirement for Zong Fuli to disclose account information until a decision on the appeal is made [6][9]. Trust Validity - The core issue in the appeal revolves around the validity of the trust, with Zong Fuli arguing that no valid trust was established [8][9]. - The court emphasized that the determination of whether a trust exists largely depends on the intentions of the parties involved, which will be assessed through the interpretation of key documents [9][10]. Key Evidence - The court referenced three critical documents: a handwritten instruction from Zong Qinghou indicating the intention to establish a trust, a power of attorney signed by Zong Qinghou, and an agreement between Zong Fuli and the three children outlining the conditions for establishing the trust [9][12]. - The interpretation of these documents is crucial, as the court noted that the existence of a trust could be recognized even without a formal written agreement under certain legal frameworks [10][14]. Uncertainties and Implications - The court identified uncertainties regarding the rights of the three children in the assets held in the HSBC account, including unresolved mechanisms for asset distribution and the lack of clarity on the principal's ownership [13][14]. - Despite potential practical difficulties in establishing the trust, the court indicated that such challenges do not invalidate the trust if a complete agreement exists, even if it lacks specific details [14].
宗馥莉上诉被香港法院驳回,杭州法院判决前汇丰账户内18亿美元资产“动不得”
Di Yi Cai Jing· 2025-09-27 16:24
Core Viewpoint - The Hong Kong High Court has upheld the asset preservation order regarding $1.8 billion in HSBC accounts related to the Wahaha family trust case, pending a decision from the Hangzhou court, indicating that the assets will remain frozen until the substantive issues are resolved [1][2]. Group 1: Court Rulings and Legal Proceedings - The recent ruling does not affect the direction of the case, and the timeline and outcome were anticipated, with all eyes on the Hangzhou court's decision [2]. - The Hong Kong High Court's decision to freeze the assets of Jian Hao Ventures Limited was made to assist the litigation process in Hangzhou, with no conclusions on the substantive issues yet [2][3]. - The High Court rejected the appeal from Zong Fuli, maintaining the asset freeze but temporarily delaying the disclosure of account information until further court instructions are provided [3]. Group 2: Trust Validity and Legal Arguments - The core issue in Zong Fuli's appeal revolves around the validity of the trust, with the court affirming the potential existence of a trust under Hong Kong law, despite Zong Fuli's claims to the contrary [4][5]. - The judge emphasized that the establishment of a trust largely depends on the intentions of the parties involved, which will be assessed through the interpretation of key documents [5][6]. - The court highlighted that the interpretation of the "Letter of Authorization" and the "Agreement" is crucial in determining whether a trust was created, with significant uncertainties regarding the rights of the three children in the HSBC account assets [7][8]. Group 3: Key Evidence and Implications - Three key documents are central to the case: a handwritten instruction from Zong Qinghou indicating the intention to establish a trust, a "Letter of Authorization," and an "Agreement" between Zong Fuli and the three children [5][7]. - The court noted that the "Letter of Authorization" does not explicitly create a trust, and the "Agreement" is seen as outlining personal obligations rather than establishing a trust for the benefit of the three children [7][8]. - The judge concluded that despite the lack of detail in the agreements, they could still be enforceable, and practical difficulties in establishing the trust do not invalidate it [9].