CHEN LI HUNG AND ANOTHER v. TING LEI MIAO AND OTHERS

CHEN LI HUNG AND ANOTHER v. TING LEI MIAO AND OTHERS

The Court held that the Taiwanese bankruptcy order extends to Mr Ting's assets in Hong Kong and should be given effect by Hong Kong courts because the order concerns private rights, giving effect to it accords with justice, common sense and the needs of law and order, and it is not inimical to the sovereign's interests or contrary to public policy.

Citation
CHEN LI HUNG AND ANOTHER v. TING LEI MIAO AND OTHERS
Parties
1st Appellant: CHEN LI HUNG alias CHAN CHEN LI HUNG; 2nd Appellant: CHAN KAI YUNG; 1st Respondent: TING LEI MIAO; 2nd Respondent: KU CHIA CHUN; 3rd Respondent: YEH DAH IN; 4th Respondent: CHEN CHIN LUNG; 5th Respondent: LIOU CHIH POUNG
Court
Court of Final Appeal
Jurisdiction
Hong Kong
Judgment Date
27 January 2000
Case Number
FACV2/1999
Procedural Posture
Final Appeal (civil) / Judgment of the Court of Final Appeal (on Appeal From Court of Appeal CACV No.178/1997)
Outcome
Appeal dismissed
Legal Topics
Recognition of Orders From Non‑recognized/ Usurper Courts, Extent of Foreign Bankruptcy Orders to Assets in Forum, Public Policy Limitation on Recognition, Trustees in Bankruptcy Suing Abroad
Source Language
ET
Conflict of Laws Private International Law Insolvency Law Recognition and Enforcement of Foreign Judgments Recognition of Orders From Non‑recognized/ Usurper Courts Extent of Foreign Bankruptcy Orders to Assets in Forum Public Policy Limitation on Recognition Trustees in Bankruptcy Suing Abroad

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Parties

CHEN LI HUNG alias CHAN CHEN LI HUNG

1st Appellant

CHAN KAI YUNG

2nd Appellant

TING LEI MIAO

1st Respondent

KU CHIA CHUN

2nd Respondent

YEH DAH IN

3rd Respondent

CHEN CHIN LUNG

4th Respondent

LIOU CHIH POUNG

5th Respondent

Procedural Posture

Final Appeal (civil) / Judgment of the Court of Final Appeal (on Appeal From Court of Appeal CACV No.178/1997)

Legal Issues

  1. 1 Does the Taiwanese bankruptcy order extend to assets of the bankrupt situated in Hong Kong?
  2. 2 If it does, should Hong Kong courts recognise and give effect to that Taiwanese bankruptcy order made by a court in territory under de facto usurper control?
  3. 3 Whether recognition would be contrary to the sovereign's interests or public policy

Ratio Decidendi

The Court held that the Taiwanese bankruptcy order extends to Mr Ting's assets in Hong Kong and should be given effect by Hong Kong courts because the order concerns private rights, giving effect to it accords with justice, common sense and the needs of law and order, and it is not inimical to the sovereign's interests or contrary to public policy.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs against the appellants in favour of the 2nd to 5th respondents (the trustees in bankruptcy).
  • Preliminary issues answered affirmatively: the Taiwanese Bankruptcy Order extends to Mr Ting's assets in Hong Kong and is to be given effect by Hong Kong courts.