PONG, SEONG TERESA AND OTHERS v. CHAN NORMAN

PONG, SEONG TERESA AND OTHERS v. CHAN NORMAN

Applying the criminal standard, the Master accepted beyond reasonable doubt that the debtor had transferred the clinic shares to avoid execution and wilfully obstructed and failed to comply with a specific court discovery direction; those proven breaches, taken with the unpaid judgment of HK$1,300,000 and the debtor's conduct, warranted exercise of the court's discretion to commit him to prison for one month and fix maintenance at HK$725 per day.

Citation
[2018] HKCFI 788
Parties
1st Plaintiff (judgment Creditor): Pong Seong Teresa; 2nd Plaintiff (judgment Creditor): Tam Shui Cheun; 3rd Plaintiff (judgment Creditor): Tam Seen Mann Estefania; Defendant (judgment Debtor): Chan Norman
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2018
Case Number
HCA627/2010
Procedural Posture
Enforcement Application — Committal for Non‑payment of Costs Under Order 49 B RHC / Application for Imprisonment Following Examination of Judgment Debtor (post‑trial Enforcement)
Outcome
Judgment debtor committed to prison for one month unless sooner discharged; support and maintenance allowance fixed; costs to be taxed on an order nisi
Legal Topics
Committal for Non‑payment, Discovery Obligations and Contempt, Asset Disposition to Avoid Execution, Examination of Judgment Debtor, Costs Assessment and Enforcement
Source Language
EN
Civil Procedure Enforcement Contempt/committal Debt Recovery Committal for Non‑payment Discovery Obligations and Contempt Asset Disposition to Avoid Execution Examination of Judgment Debtor +1 more

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Parties

Pong Seong Teresa

1st Plaintiff (judgment Creditor)

Tam Shui Cheun

2nd Plaintiff (judgment Creditor)

Tam Seen Mann Estefania

3rd Plaintiff (judgment Creditor)

Chan Norman

Defendant (judgment Debtor)

Procedural Posture

Enforcement Application — Committal for Non‑payment of Costs Under Order 49 B RHC / Application for Imprisonment Following Examination of Judgment Debtor (post‑trial Enforcement)

Legal Issues

  1. 1 Whether the judgment debtor presently has means available to satisfy the judgment
  2. 2 Whether the judgment debtor disposed of assets to avoid satisfaction of the judgment
  3. 3 Whether the judgment debtor wilfully failed to make full disclosure and wilfully failed to answer questions under court orders

Ratio Decidendi

Applying the criminal standard, the Master accepted beyond reasonable doubt that the debtor had transferred the clinic shares to avoid execution and wilfully obstructed and failed to comply with a specific court discovery direction; those proven breaches, taken with the unpaid judgment of HK$1,300,000 and the debtor's conduct, warranted exercise of the court's discretion to commit him to prison for one month and fix maintenance at HK$725 per day.

Court Disposition

Judgment debtor committed to prison for one month unless sooner discharged; support and maintenance allowance fixed; costs to be taxed on an order nisi

Orders

  • The bailiff shall take the judgment debtor Chan Norman into custody of the Commissioner of Correctional Services to be kept in prison for debt for one month unless sooner discharged in due course of law
  • Support and maintenance allowance during imprisonment fixed at HK$725 per day pursuant to O.49B r.2 RHC