RE CHUNG WINSTON

RE CHUNG WINSTON

The bankrupt's persistent non-compliance with disclosure orders, failure to produce any documents at private examination and failure to attend or offer lawful impediment established probable cause under s27(1) and grounds under s29(2) and s129(1) to issue a warrant of arrest to secure disclosure.

Citation
RE CHUNG WINSTON
Parties
Applicant/trustees: Joint and several trustees in bankruptcy (Miao Zhenguo; Min Weiguo; Che Jaime; Shan Chang); Bankrupt: Chung Hing Ka (formerly known as)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2014
Case Number
HCB4005/2012
Procedural Posture
Bankruptcy — Application for Warrant of Arrest / Ex Parte Hearing in Chambers (interlocutory Application)
Outcome
Warrant of arrest ordered and costs awarded to trustees.
Legal Topics
Warrant of Arrest, Production of Documents, Private Examination, Concealment of Assets, Offences Under S129, Summons and Apprehension Under S29
Source Language
EN
Bankruptcy Civil Procedure Criminal Offences Under Bankruptcy Legislation Warrant of Arrest Production of Documents Private Examination Concealment of Assets Offences Under S129 +1 more

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Parties

Joint and several trustees in bankruptcy (Miao Zhenguo; Min Weiguo; Che Jaime; Shan Chang)

Applicant/trustees

Chung Hing Ka (formerly known as)

Bankrupt

Procedural Posture

Bankruptcy — Application for Warrant of Arrest / Ex Parte Hearing in Chambers (interlocutory Application)

Legal Issues

  1. 1 Whether there was probable cause under s27(1) to arrest the bankrupt for concealing or disposing of assets
  2. 2 Whether the bankrupt committed offences under s129(1)(a)-(c) by failing to disclose property and deliver up documents
  3. 3 Whether a warrant may be issued under s29(2) for failure to comply with a summons to produce documents

Ratio Decidendi

The bankrupt's persistent non-compliance with disclosure orders, failure to produce any documents at private examination and failure to attend or offer lawful impediment established probable cause under s27(1) and grounds under s29(2) and s129(1) to issue a warrant of arrest to secure disclosure.

Court Disposition

Warrant of arrest ordered and costs awarded to trustees.

Orders

  • Issue a warrant of arrest to apprehend the bankrupt under the Bankruptcy Ordinance
  • Bankrupt to provide the documents sought before the adjourned private examination