RE YANG ZHENGHONG

RE YANG ZHENGHONG

The application could not proceed ex parte and must be adjourned because the property appears to have vested as bona vacantia and the Secretary for Justice should be joined as representative of the Government whose proprietary interest may be divested, and because the supporting affidavit failed to comply with Order 88 rule 5A.

Citation
RE YANG ZHENGHONG
Parties
Applicant: Applicant (judgment creditor); Former Registered Owner: Ailec International (Hong Kong) Limited; Government Representative / Proposed Respondent: Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 January 2014
Case Number
HCMP3115/2013
Procedural Posture
Application for Sale of Charged Property / Enforcement of Charging Order / Ex Parte Originating Summons Adjourned Sine Die With Liberty to Restore
Outcome
Originating summons adjourned sine die with liberty to restore
Legal Topics
Charging Order, Bona Vacantia, Dissolution of Company, Enforcement of Equitable Charge, Joinder of Parties, Court Procedure on Affidavits
Source Language
EN
Company Law Property Law Civil Procedure Insolvency Charging Order Bona Vacantia Dissolution of Company Enforcement of Equitable Charge +2 more

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Parties

Applicant (judgment creditor)

Applicant

Ailec International (Hong Kong) Limited

Former Registered Owner

Secretary for Justice

Government Representative / Proposed Respondent

Procedural Posture

Application for Sale of Charged Property / Enforcement of Charging Order / Ex Parte Originating Summons Adjourned Sine Die With Liberty to Restore

Legal Issues

  1. 1 Whether a charging order can be enforced by sale against property that has vested as bona vacantia following company dissolution
  2. 2 Whether the Secretary for Justice (as representative of the Crown/Government) must be joined to an application to sell bona vacantia property
  3. 3 Whether an ex parte originating summons is appropriate where the Government's interest may be affected

Ratio Decidendi

The application could not proceed ex parte and must be adjourned because the property appears to have vested as bona vacantia and the Secretary for Justice should be joined as representative of the Government whose proprietary interest may be divested, and because the supporting affidavit failed to comply with Order 88 rule 5A.

Court Disposition

Originating summons adjourned sine die with liberty to restore

Orders

  • Adjourn originating summons sine die with liberty to restore