SHUM HING WONG t/a NGAN BO FINANCE CO v. CHENG CHUNG CHING

SHUM HING WONG t/a NGAN BO FINANCE CO v. CHENG CHUNG CHING

Substituted service of the examination order was justified because relatives at the defendant's residence obstructed service, acknowledged the defendant lived there, and there was reasonable certainty service on an adult inmate at the premises would bring the order to the defendant's attention; however a prohibition order was refused because the defendant's travel between Hong Kong and the PRC alone did not demonstrate sufficient risk of evasion nor that enforcement would be significantly impeded, and restriction on leaving Hong Kong requires compelling justification given Basic Law protections.

Citation
SHUM HING WONG t/a NGAN BO FINANCE CO v. CHENG CHUNG CHING
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 October 2003
Case Number
DCCJ16608/2000
Procedural Posture
Debt Recovery; Judgment Debtor Examination / Application for Substituted Service of Examination Order and Application for Prohibition Order (consideration of Evidence; Ruling)
Outcome
Application for substituted service granted in part; application for prohibition order dismissed.
Legal Topics
Substituted Service, Examination Order Under Order 49 B, Prohibition Order (restraining Departure), Personal Liberty and Basic Law Rights, Service of Process
Source Language
EN
Civil Procedure Enforcement District Court Practice Administrative Law (immigration/control) Substituted Service Examination Order Under Order 49 B Prohibition Order (restraining Departure) Personal Liberty and Basic Law Rights +1 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Debt Recovery; Judgment Debtor Examination / Application for Substituted Service of Examination Order and Application for Prohibition Order (consideration of Evidence; Ruling)

Legal Issues

  1. 1 Whether substituted service of an examination order should be permitted for a judgment debtor under Order 65 r.4 and Order 49B
  2. 2 Whether a prohibition order preventing the defendant leaving Hong Kong should be granted
  3. 3 Whether there is sufficient evidence that the defendant is evading service or obstructing enforcement

Ratio Decidendi

Substituted service of the examination order was justified because relatives at the defendant's residence obstructed service, acknowledged the defendant lived there, and there was reasonable certainty service on an adult inmate at the premises would bring the order to the defendant's attention; however a prohibition order was refused because the defendant's travel between Hong Kong and the PRC alone did not demonstrate sufficient risk of evasion nor that enforcement would be significantly impeded, and restriction on leaving Hong Kong requires compelling justification given Basic Law protections.

Court Disposition

Application for substituted service granted in part; application for prohibition order dismissed.

Orders

  • A sealed copy of the examination order with a new appointed time to be served personally on an adult inmate at Room 210, Fung Wo House, Wo Che Estate, Shatin, New Territories;
  • Another sealed copy to be sent by ordinary post to the Defendant at the said premises;