Cryptocurrency Legal Update: Hong Kong Court Grants Interim Proprietary Injunction over 999 Bitcoins

The Hong Kong Court of First Instance in Yan Yu Ying v Leong Wing Hei [2021] HKCFI 3160 granted a temporary proprietary injunction to restrain 999 bitcoins (value close to US$50 million) being the subject matter of a dispute between the parties.

This case shows the consistent trend of Courts treating cryptocurrency such as Bitcoin as ‘property’ that can be subject to an injunction.

In this case, the Court granted what is known in Hong Kong as an “interim-interim injunction”.  It is similar to what is known in Malaysia as an ad interim injunction. It is a temporary measure to balance the fairness before the full arguments are heard on whether to grant the full interim injunction. Interim-interim injunctions or reliefs are a very short-term stop-gap measure.

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Chasing the Intangible: Cryptocurrency Fraud and Disputes

Lee Shih and Cheryl Yee write about the rise of cryptocurrency fraud and disputes.

With the rise in the value of Bitcoin and other cryptocurrencies, there is also a significant rise in fraud and disputes relating to cryptocurrency. We highlight some of the recent legal developments.

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Persons Unknown: Asset Recovery against Unknown Fraudsters

I wrote an article entitled ‘Persons Unknown: Asset Recovery against Unknown Fraudsters in a Time of Cyber Fraud‘ published in the Malaysian Institute of Accountants publication, Accountants Today.

My article covers the areas of:

1. Preventing Dissipation: Freezing and Proprietary Injunction
2. Unknown Fraudsters: Persons Unknown Jurisdiction
3. Cryptocurrency: Can the Courts Freeze and Trace Such Assets?
4. Money Trail: Bankers Trust and Third Party Disclosure Orders
5. You’ve Got Mail: Court Papers Served by Email, Dropbox and WhatsApp

You can access the article here on the Accountants Today website.