RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)

RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)

The court was satisfied jurisdiction under s.221 exists and that both individuals could give material information; the requested adjournment was refused because the criminal charges were unrelated and would not cause significant prejudice especially as the examination is private, and the mainland investigation was...

Source-derived case information.

Citation
RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)
Parties
Applicant: Official Receiver; Officer/subject of Examination: Mr Tong Hing Sun; Officer/subject of Examination: Mr Lau Kwok Wah Benjamin; Company in Liquidation: Tse Yu Hong Limited (in liquidation); Company in Liquidation: Tse Yu Hong Textiles Limited (in liquidation); Company in Liquidation: Tse Yu Hong Metal Limited (in liquidation); Company in Liquidation: Tongz Trading Company Limited (in liquidation); Company in Liquidation: Youngary Development Limited (in liquidation)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2002
Case Number
HCCW227/1999
Procedural Posture
Companies (winding Up) / Application for Private Examination Under Section 221 (companies Ordinance); Decision Made in Chambers
Outcome
Application granted: private examinations ordered against Mr Tong and Mr Lau in each of the five winding-up proceedings.
Legal Topics
Private Examination, Winding Up, Official Receiver Investigation, Adjournment and Prejudice to Criminal Proceedings
Source Language
en
Company Law Insolvency Law Procedural Law Private Examination Winding Up Official Receiver Investigation Adjournment and Prejudice to Criminal Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Official Receiver

Applicant

Mr Tong Hing Sun

Officer/subject of Examination

Mr Lau Kwok Wah Benjamin

Officer/subject of Examination

Tse Yu Hong Limited (in liquidation)

Company in Liquidation

Tse Yu Hong Textiles Limited (in liquidation)

Company in Liquidation

Tse Yu Hong Metal Limited (in liquidation)

Company in Liquidation

Tongz Trading Company Limited (in liquidation)

Company in Liquidation

Youngary Development Limited (in liquidation)

Company in Liquidation

Procedural Posture

Companies (winding Up) / Application for Private Examination Under Section 221 (companies Ordinance); Decision Made in Chambers

Legal Issues

  1. 1 Whether the court has jurisdiction to order private examinations under section 221 of the Companies Ordinance
  2. 2 Whether the court should exercise its discretion to adjourn the private examination because of a pending criminal trial
  3. 3 Whether a mainland investigation justifies adjourning the examination

Ratio Decidendi

The court was satisfied jurisdiction under s.221 exists and that both individuals could give material information; the requested adjournment was refused because the criminal charges were unrelated and would not cause significant prejudice especially as the examination is private, and the mainland investigation was preliminary and separate; accordingly examinations were ordered in each of the five winding-up proceedings.

Court Disposition

Application granted: private examinations ordered against Mr Tong and Mr Lau in each of the five winding-up proceedings.

Orders

  • Mr Tong Hing Sun and Mr Lau Kwok Wah Benjamin be examined on oath before a Master of the High Court pursuant to section 221 as to the promotion, formation, trade dealings, affairs and properties of Tse Yu Hong Limited, Tse Yu Hong Textiles Limited, Tse Yu Hong Metal Limited, Tongz Trading Company Limited and...
  • Leave to the Official Receiver to set down the examination for hearing with an estimated length of one day