Hong Kong Judgment

Court of First Instance

RE CHAN WING CHIN

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Source document

01

Holding and result

The Debtor's allegation of limited English ability did not create a bona fide dispute on substantial grounds; the Debtor is bound by his signed Guarantees, failed to present a concrete repayment proposal, and therefore a bankruptcy order must be granted against him.

Court disposition

Bankruptcy order granted against Mr Chan Wing Chin

Orders

  • Bankruptcy order made against the Debtor
  • Costs of the Petitioner in these proceedings to be paid out of the estate of the Debtor and to be taxed if not agreed

02

Material facts

Parties

The Hongkong and Shanghai Banking Corporation Ltd

Petitioner

Mr Chan Wing Chin

Debtor

Amounts and remedies

  • Petitioning Debt: HKD 38,335,287.48

03

Procedural history

  1. Posture

    Bankruptcy Petition / Judgment (bankruptcy Order Granted)

04

Questions and positions

Legal issues

Party arguments

Applicant
The Petitioner asserted the Debtor signed the Guarantees dated 17 June 2019 and 10 August 2020 and owes HK$38,335,287.48; there is no bona fide dispute on substantial grounds and the usual bankruptcy order should be granted.
Respondent
The Debtor alleged limited ability to understand English and thus inability to understand the terms and effect of the Guarantees; he offered no concrete repayment proposal.

05

Court’s reasoning

  1. 01

    Ming Shiu Chung & Others v Ming Shiu Sum & Others (2006) 9 HKCFAR 334 paras 84-86

    A person of full age and capacity is normally bound by his signature to a document; the law does not assist a person who carelessly signs a document.

  2. 02

    Established insolvency practice and case law on bankruptcy petitions

    A bankruptcy petition will be defeated only by a bona fide dispute on substantial grounds; mere assertions without concrete evidence or proposals are insufficient.

06

Ratio, limits and disposition

Ratio decidendi

The Debtor's allegation of limited English ability did not create a bona fide dispute on substantial grounds; the Debtor is bound by his signed Guarantees, failed to present a concrete repayment proposal, and therefore a bankruptcy order must be granted against him.

Obiter and limits

  • Costs of the Petitioner to be taxed if not agreed
  • The court reiterated that the law does not assist a person who carelessly puts his signature on a document

Court disposition

Bankruptcy order granted against Mr Chan Wing Chin

  • Bankruptcy order made against the Debtor
  • Costs of the Petitioner in these proceedings to be paid out of the estate of the Debtor and to be taxed if not agreed

Source and reliance status

Court of First Instance · 13 February 2026

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 13 February 2026

[2026] HKCFI 959

bjbj iU\)

CORPORATION LIMITED Petitioner _____ Before: Deputy High Court Judge Alan Kwong in Open Court Date of Hearing: 26 January 2026 Date of Reasons for Judgment: 13 February 2026 ______

REASONS FOR JUDGMENT ______ By petition dated 23 October 2025, the Hongkong and Shanghai Banking Corporation Ltd (the Petitioner ) seeks to bankrupt Mr Chan Wing Chin (the Debtor ). The petitioning debt is an outstanding indebtedness of HK$38,335,287.48 based on the guarantees executed on 17 June 2019 and 10 August 2020 (the Guarantees ). It is not in dispute that the Debtor signed and executed the Guarantees. However, in his affirmation in opposition dated 17 December 2025, the Debtor alleged that due to his limited abilities in understanding English, he could not understand the terms and effect of the Guarantees. The Debtor s allegations could not constitute a bona fide dispute on substantial grounds. It is trite that a person of full age and capacity is normally bound by his signature to a document, and the law does not assist a person who carelessly puts his signature on a document: see Ming Shiu Chung & Others v Ming Shiu Sum & Others (2006) 9 HKCFAR 334 at paras 84 to 86. The Debtor has failed to put forward a concrete repayment proposal. In the premises, the court has no alternative but to grant the usual bankruptcy order against the Debtor. The costs of the Petitioner in these proceedings (which are to be taxed if not agreed) shall be paid out of the estate of the Debtor. I iU\) n, of Official Receiver s Office, for the Official Receiver PAGE \* MERGEFORMAT -

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Ming Shiu Chung & Others v Ming Shiu Sum & Others (2006) 9 HKCFAR 334 paras 84-86

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