ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FONG AND ANOTHER

ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FONG AND ANOTHER

The court ordered the private examination of the two Sisters under s29 because the trustees demonstrated a reasonable requirement and prima facie possession of relevant information concerning offshore nominee accounts (including the HK$11 million transfer), certain SFPH share transactions (subject to specified limits), the Sisters' limited involvement in BSW/Dubois Beijing matters, and the Sisters' provision of funds for the bankrupt's living; to avoid oppression the examination scope is limited to transfers or payments equal to or over HK$100,000 (or equivalent) from 1996 onwards, excludes inquiry into the Triumph Leader Ltd to Dynamic Achieve transfer of 1.6 million shares (July 2000),...

Citation
ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FONG AND ANOTHER
Parties
Applicant (joint and Several Trustee in Bankruptcy of the Property of the Bankrupt): Alan Chung Wah Tang; Applicant (joint and Several Trustee in Bankruptcy of the Property of the Bankrupt): Hou Chung Man; 1st Respondent: Lee Siu Fong; 2nd Respondent: Leelalertsuphakun Wanee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2017
Case Number
HCB345/2001
Procedural Posture
Bankruptcy Proceedings (private Examination Application) / Judgment on Trustees' Application for Examination Under S29 Bankruptcy Ordinance
Outcome
Order granted for private examination of 1st and 2nd Respondents (the Sisters) under s29 Bankruptcy Ordinance, subject to limitations on scope and period.
Legal Topics
Private Examination Under S29, Nominee/secret Accounts, Undervalue Transfers and Share Transactions, Recovery of Trust Property, Limitation Issues, Oppression/balancing Exercise
Source Language
EN
Bankruptcy Law Insolvency Trusts Civil Procedure Company Law Asset Tracing Private Examination Under S29 Nominee/secret Accounts +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Alan Chung Wah Tang

Applicant (joint and Several Trustee in Bankruptcy of the Property of the Bankrupt)

Hou Chung Man

Applicant (joint and Several Trustee in Bankruptcy of the Property of the Bankrupt)

Lee Siu Fong

1st Respondent

Leelalertsuphakun Wanee

2nd Respondent

Procedural Posture

Bankruptcy Proceedings (private Examination Application) / Judgment on Trustees' Application for Examination Under S29 Bankruptcy Ordinance

Legal Issues

  1. 1 Whether trustees have a reasonable requirement to examine the Sisters under s29 for information about nominee offshore accounts and transfers
  2. 2 Whether examination should extend to SFPH share dealings and related corporate transactions
  3. 3 Whether examination should cover transfers to the Sisters (including HK$11 million) and other funding of the bankrupt's living expenses

Ratio Decidendi

The court ordered the private examination of the two Sisters under s29 because the trustees demonstrated a reasonable requirement and prima facie possession of relevant information concerning offshore nominee accounts (including the HK$11 million transfer), certain SFPH share transactions (subject to specified limits), the Sisters' limited involvement in BSW/Dubois Beijing matters, and the Sisters' provision of funds for the bankrupt's living; to avoid oppression the examination scope is limited to transfers or payments equal to or over HK$100,000 (or equivalent) from 1996 onwards, excludes inquiry into the Triumph Leader Ltd to Dynamic Achieve transfer of 1.6 million shares (July 2000),...

Court Disposition

Order granted for private examination of 1st and 2nd Respondents (the Sisters) under s29 Bankruptcy Ordinance, subject to limitations on scope and period.

Orders

  • Private examination of the 1st and 2nd Respondents to take place before a Master of the High Court
  • Examination limited to inquiries about nominee/undisclosed accounts, transfers and payments of HK$100,000 or more (or equivalent) from 1996 onwards