SECRETARY FOR JUSTICE v. SIEGFRIED LEE SIU FUNG AND OTHERS

SECRETARY FOR JUSTICE v. SIEGFRIED LEE SIU FUNG AND OTHERS

The Judgment Creditor failed to prove beyond reasonable doubt that the 2nd judgment debtor wilfully failed to make full disclosure or that he was able to satisfy the judgment; the debtor's explanations about the HK$25,000,000 transfer to an account belonging to Lee Siu Fung were credible and not contradicted by independent evidence; therefore committal for up to three months under Order 49B was not justified and the committal summons must be dismissed.

Citation
SECRETARY FOR JUSTICE v. SIEGFRIED LEE SIU FUNG AND OTHERS
Parties
Applicant (judgment Creditor): Secretary for Justice; 1st Judgment Debtor: Siegfried Lee Siu Fung; 2nd Judgment Debtor: Daniel Chan Kwong Tat; 3rd Judgment Debtor: Lisa Lam Lai San; 4th Judgment Debtor: William Lam Chun Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 2006
Case Number
HCMP2851/2004
Procedural Posture
Enforcement of Judgment for Money / Committal Proceedings / Hearing of Committal Summons Following Oral Examination (master's Decision)
Outcome
Summons for imprisonment dismissed
Legal Topics
Oral Examination Under Order 49 B, Committal for Non Disclosure, Privilege Against Self Incrimination, Standard of Proof (beyond Reasonable Doubt), Prohibition Order to Secure Attendance, Discovery of Bank Records
Source Language
EN
Civil Procedure Enforcement of Judgments Securities Regulation Criminal Standard in Civil Enforcement Oral Examination Under Order 49 B Committal for Non Disclosure Privilege Against Self Incrimination Standard of Proof (beyond Reasonable Doubt) +2 more

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Parties

Secretary for Justice

Applicant (judgment Creditor)

Siegfried Lee Siu Fung

1st Judgment Debtor

Daniel Chan Kwong Tat

2nd Judgment Debtor

Lisa Lam Lai San

3rd Judgment Debtor

William Lam Chun Ming

4th Judgment Debtor

Procedural Posture

Enforcement of Judgment for Money / Committal Proceedings / Hearing of Committal Summons Following Oral Examination (master's Decision)

Legal Issues

  1. 1 Whether the judgment debtor wilfully failed to make full disclosure as required under Order 49B(1A)(2) / Order 49B(1B)(1)(c)
  2. 2 Whether the judgment debtor is able to satisfy the judgment wholly or partly under Order 49B(1B)(1)(a)
  3. 3 What standard of proof applies to an application for imprisonment following an examination

Ratio Decidendi

The Judgment Creditor failed to prove beyond reasonable doubt that the 2nd judgment debtor wilfully failed to make full disclosure or that he was able to satisfy the judgment; the debtor's explanations about the HK$25,000,000 transfer to an account belonging to Lee Siu Fung were credible and not contradicted by independent evidence; therefore committal for up to three months under Order 49B was not justified and the committal summons must be dismissed.

Court Disposition

Summons for imprisonment dismissed

Orders

  • Summons dismissed
  • No order as to costs of the summons generally