RE TSE YU HONG METAL LTD. (IN LIQUIDATION)

RE TSE YU HONG METAL LTD. (IN LIQUIDATION)

The court exercised its s221 jurisdiction and refused adjournment because Mr Lau failed to demonstrate significant prejudice from an unrelated criminal trial and the mainland investigation was preliminary and separate; accordingly examinations in private were ordered against both men in respect of the five companies.

Source-derived case information.

Citation
RE TSE YU HONG METAL LTD. (IN LIQUIDATION)
Parties
Applicant: Official Receiver; 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); Officer (proposed Examinee): Mr Tong Hing Sun; Officer (proposed Examinee): Mr Lau Kwok Wah Benjamin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2002
Case Number
HCCW186/1999
Procedural Posture
Companies (winding Up) / Application for Private Examination Under Section 221 (interlocutory)
Outcome
Application granted in part: examinations ordered against Mr Tong and Mr Lau in each of the five winding-up proceedings.
Legal Topics
Section 221 Examination, Private Examination, Winding Up, Official Receiver Powers, Adjournment
Source Language
en
Company Law Insolvency Civil Procedure Section 221 Examination Private Examination Winding Up Official Receiver Powers Adjournment

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Parties

Official Receiver

Applicant

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)

Mr Tong Hing Sun

Officer (proposed Examinee)

Mr Lau Kwok Wah Benjamin

Officer (proposed Examinee)

Procedural Posture

Companies (winding Up) / Application for Private Examination Under Section 221 (interlocutory)

Legal Issues

  1. 1 Whether the court has jurisdiction to order private examinations under s221
  2. 2 Whether the court should exercise its discretion to order examinations despite a pending criminal trial of one proposed examinee
  3. 3 Whether a preliminary mainland investigation justifies adjournment

Ratio Decidendi

The court exercised its s221 jurisdiction and refused adjournment because Mr Lau failed to demonstrate significant prejudice from an unrelated criminal trial and the mainland investigation was preliminary and separate; accordingly examinations in private were ordered against both men in respect of the five companies.

Court Disposition

Application granted in part: 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 each of the following five companies: Tse Yu Hong Limited, Tse Yu Hong Textiles Limited, Tse Yu Hong Metal Limited,...
  • Leave to the Official Receiver to set down the examination for hearing with an estimated length of one day