RE CHAN WING CHIN
- Citation
- [2026] HKCFI 959
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 13 February 2026
- Posture
- Bankruptcy Petition / Judgment (bankruptcy Order Granted)
- Case number
- HCB8147/2025
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 13 February 2026
- Posture
- Bankruptcy Petition / Judgment (bankruptcy Order Granted)
- Case number
- HCB8147/2025
- Language
- English
On this page
Professional case brief
Research organized from the available case record
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
PetitionerMr Chan Wing Chin
DebtorAmounts and remedies
- Petitioning Debt: HKD 38,335,287.48
03
Procedural history
Posture
Bankruptcy Petition / Judgment (bankruptcy Order Granted)
04
Questions and positions
Legal issues
- 01
Whether the Debtor's allegation of inability to understand English defeats the petition by creating a bona fide dispute on substantial grounds
- 02
Whether the Debtor is bound by his signature on the Guarantees
- 03
Whether the petitioning debt of HK$38,335,287.48 is established
- 04
Whether the Debtor provided a concrete repayment proposal sufficient to avoid bankruptcy
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
Legal principles
- 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.
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 13 February 2026
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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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