HONG KONG WAH SANG INDUSTRIAL CO LTD AND ANOTHER v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

HONG KONG WAH SANG INDUSTRIAL CO LTD AND ANOTHER v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

The application was adjourned because the court must ensure, in deference to comity and correctness, that the person purporting to act for a PRC company has authority under PRC law; the existing material was incomplete on whether the 20 July 2006 resolution effectively removed him and whether a Legal Representative...

Source-derived case information.

Citation
HONG KONG WAH SANG INDUSTRIAL CO LTD AND ANOTHER v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
Parties
1st Applicant: HONG KONG WAH SANG INDUSTRIAL COMPANY LIMITED; 2nd Applicant: WANG SANG PAPER PRODUCTS (SHENGHEN) COMPANY LIMITED; 1st Respondent: THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED; 2nd Respondent: LAM PAK CHEUNG; 1st Third Party: LAM PAK CHEUNG; 2nd Third Party: TSANG WAI CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2008
Case Number
HCMP2219/2007
Procedural Posture
Inherent Jurisdiction; Norwich Pharmacal Application / Interlocutory (adjournment)
Outcome
Application adjourned for further evidence and relisting
Legal Topics
Norwich Pharmacal Orders, Authority of Corporate Representative, PRC Company Law, Adjournment, Disclosure
Source Language
en
Civil Procedure Company Law Banking Law Conflict of Laws Evidence Norwich Pharmacal Orders Authority of Corporate Representative PRC Company Law +2 more

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Parties

HONG KONG WAH SANG INDUSTRIAL COMPANY LIMITED

1st Applicant

WANG SANG PAPER PRODUCTS (SHENGHEN) COMPANY LIMITED

2nd Applicant

THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED

1st Respondent

LAM PAK CHEUNG

2nd Respondent

LAM PAK CHEUNG

1st Third Party

TSANG WAI CHUNG

2nd Third Party

Procedural Posture

Inherent Jurisdiction; Norwich Pharmacal Application / Interlocutory (adjournment)

Legal Issues

  1. 1 Whether the individual (Guy/Lam) has authority under PRC law to act for the 2nd Applicant as director or Legal Representative
  2. 2 Whether a resolution dated 20 July 2006 validly removed him and if that removal was effective
  3. 3 Whether a Legal Representative of a PRC company can bring a derivative or representative action outside the PRC

Ratio Decidendi

The application was adjourned because the court must ensure, in deference to comity and correctness, that the person purporting to act for a PRC company has authority under PRC law; the existing material was incomplete on whether the 20 July 2006 resolution effectively removed him and whether a Legal Representative can bring actions overseas, and therefore the court directed parties to file PRC expert opinions within specified short time limits and relist the matter with a three‑hour estimate.

Court Disposition

Application adjourned for further evidence and relisting

Orders

  • Adjourned to a date to be fixed in consultation with counsel diaries and relisted with a 3-hour hearing time estimate
  • 2nd Respondent granted leave to file and serve PRC expert legal opinion within 14 days of the ruling