RE WING FAI CONSTRUCTION CO LTD

RE WING FAI CONSTRUCTION CO LTD

The court ruled that Mr Kennedy was not required to elect whether to give evidence on a submission of no case to answer; the judge did not decide definitively whether that right is absolute but, assuming no absolute right, exercised judicial discretion in favour of the respondent and declined to require election.

Citation
RE WING FAI CONSTRUCTION CO LTD
Parties
Applicant; Former Director of Wing Fai Construction Company Limited: Kelly Cheng Kit Yin; Applicant; Former Director of Wing Fai Construction Company Limited: Robert Yip Kwong; Respondent; Joint and Several Liquidator of Wing Fai Construction Company Limited: David John Kennedy; Company (subject of Winding Up): Wing Fai Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 July 2004
Case Number
HCCW735/2002
Procedural Posture
Companies Winding Up; Committal Application for Contempt (criminal Contempt Alleged) / Ruling on Procedural Point: Whether Respondent Must Elect to Give Evidence Before Ruling on Submission of No Case to Answer
Outcome
Ruling for respondent: not required to elect whether to give evidence on submission of no case to answer
Legal Topics
No Case to Answer, Election to Give Evidence, Committal for Contempt, Procedural Discretion
Source Language
EN
Contempt of Court Civil Procedure Criminal Procedure Company Law No Case to Answer Election to Give Evidence Committal for Contempt Procedural Discretion

Case Brief

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Parties

Kelly Cheng Kit Yin

Applicant; Former Director of Wing Fai Construction Company Limited

Robert Yip Kwong

Applicant; Former Director of Wing Fai Construction Company Limited

David John Kennedy

Respondent; Joint and Several Liquidator of Wing Fai Construction Company Limited

Wing Fai Construction Company Limited

Company (subject of Winding Up)

Procedural Posture

Companies Winding Up; Committal Application for Contempt (criminal Contempt Alleged) / Ruling on Procedural Point: Whether Respondent Must Elect to Give Evidence Before Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether a respondent in committal proceedings has an absolute right to withhold evidence until after making a submission of no case to answer
  2. 2 Whether the court has a discretion to require the respondent to elect whether to give evidence before ruling on a submission of no case
  3. 3 Whether procedures for civil or criminal proceedings should govern committal for contempt and the extent of protections to be imported

Ratio Decidendi

The court ruled that Mr Kennedy was not required to elect whether to give evidence on a submission of no case to answer; the judge did not decide definitively whether that right is absolute but, assuming no absolute right, exercised judicial discretion in favour of the respondent and declined to require election.

Court Disposition

Ruling for respondent: not required to elect whether to give evidence on submission of no case to answer

Orders

  • Respondent not required to elect whether to give evidence on submission of no case to answer
  • Proceedings may be adjourned pending outcome of the submission of no case