RE C.A. PACIFIC FINANCE LTD. & C.A. PACIFIC SECURITIES LTD.

RE C.A. PACIFIC FINANCE LTD. & C.A. PACIFIC SECURITIES LTD.

The court refused to adjourn the public examination pending the criminal appeal but held that a private examination under Section 221 was available and appropriate; Section 221 is not excluded by Section 168IA and a Section 221 examination, together with undertakings and the protections in Rule 62, adequately protects the examinee's right to silence while allowing the Official Receiver to obtain material for disqualification consideration.

Citation
RE C.A. PACIFIC FINANCE LTD. & C.A. PACIFIC SECURITIES LTD.
Parties
Examinee; Applicant for Adjournment: Mr Jason Wong But-sit; Applicant for Public Examination: Official Receiver; Company in Liquidation: C.A. Pacific Finance Limited (in Liquidation); Company in Liquidation: C.A. Pacific Securities Limited (in Liquidation)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2001
Case Number
HCCW37/1998
Procedural Posture
Companies Winding Up Proceedings (public Examination) / Chamber Application for Adjournment of Public Examination Under S168 IA
Outcome
Application to adjourn the public examination refused; court ordered that a private examination under Section 221 may proceed in chambers against Mr Jason Wong But-sit with protective undertakings
Legal Topics
Public Examination, Section 168 IA, Section 221, Adjournment, Right to Silence, Use of Evidence in Criminal Proceedings, Disqualification Proceedings
Source Language
EN
Companies (insolvency/winding Up) Civil Procedure Criminal Procedure Evidence Public Examination Section 168 IA Section 221 Adjournment +3 more

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Parties

Mr Jason Wong But-sit

Examinee; Applicant for Adjournment

Official Receiver

Applicant for Public Examination

C.A. Pacific Finance Limited (in Liquidation)

Company in Liquidation

C.A. Pacific Securities Limited (in Liquidation)

Company in Liquidation

Procedural Posture

Companies Winding Up Proceedings (public Examination) / Chamber Application for Adjournment of Public Examination Under S168 IA

Legal Issues

  1. 1 Whether the public examination should be adjourned pending the applicant's criminal appeal
  2. 2 Whether Section 221 private examination is available notwithstanding Section 168IA
  3. 3 Whether answers given at a public examination could be used in subsequent criminal proceedings and thereby infringe the right to silence

Ratio Decidendi

The court refused to adjourn the public examination pending the criminal appeal but held that a private examination under Section 221 was available and appropriate; Section 221 is not excluded by Section 168IA and a Section 221 examination, together with undertakings and the protections in Rule 62, adequately protects the examinee's right to silence while allowing the Official Receiver to obtain material for disqualification consideration.

Court Disposition

Application to adjourn the public examination refused; court ordered that a private examination under Section 221 may proceed in chambers against Mr Jason Wong But-sit with protective undertakings

Orders

  • Application for adjournment refused
  • Private examination under Section 221 to proceed in chambers against Mr Jason Wong But-sit