THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]

The court ordered the respondent to be orally examined under s221 and made confidentiality and disclosure directions limiting the respondent and his legal advisers from conferring over the documents supplied by the liquidators without the liquidators' written consent or leave of the court, as a proportionate means...

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Citation
THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD v. [respondent]
Parties
Applicant (in Compulsory Liquidation): The Joint & Several Liquidators of Kong Wah Holdings Limited; Applicant (in Compulsory Liquidation): The Joint & Several Liquidators of Akai Holdings Limited; Respondent: [ ] Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 July 2007
Case Number
HCCW50/2000
Procedural Posture
Companies (winding Up) Applications Under Section 221 of the Companies Ordinance (cap 32) / Summons for Oral Examination Under Section 221 (chambers Hearing)
Outcome
Order made in terms of paragraphs 1 to 12 of the draft order; costs awarded to the liquidators.
Legal Topics
Section 221 Examination, Confidentiality and Disclosure Restrictions, Legal Professional Privilege, Prevention of Coaching of Witnesses
Source Language
en
Company Law Insolvency Civil Procedure Evidence Law Section 221 Examination Confidentiality and Disclosure Restrictions Legal Professional Privilege Prevention of Coaching of Witnesses

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Parties

The Joint & Several Liquidators of Kong Wah Holdings Limited

Applicant (in Compulsory Liquidation)

The Joint & Several Liquidators of Akai Holdings Limited

Applicant (in Compulsory Liquidation)

[ ] Respondent

Respondent

Procedural Posture

Companies (winding Up) Applications Under Section 221 of the Companies Ordinance (cap 32) / Summons for Oral Examination Under Section 221 (chambers Hearing)

Legal Issues

  1. 1 Whether the respondent should be ordered to be orally examined under s221
  2. 2 Whether the court may impose directions restricting discussion of documents between examinee and legal advisers to prevent coaching
  3. 3 How to balance the examinee's right to legal advice with the integrity of the examination process

Ratio Decidendi

The court ordered the respondent to be orally examined under s221 and made confidentiality and disclosure directions limiting the respondent and his legal advisers from conferring over the documents supplied by the liquidators without the liquidators' written consent or leave of the court, as a proportionate means to prevent coaching and preserve the integrity and effectiveness of the examination while allowing the respondent sufficient opportunity to refresh his memory and liberty to apply to vary the restrictions.

Court Disposition

Order made in terms of paragraphs 1 to 12 of the draft order; costs awarded to the liquidators.

Orders

  • Respondent to be orally examined before a Master under s221 of the Companies Ordinance.
  • Liquidators to provide copies of documents to respondent and his legal advisers 7 days before the examination solely to refresh respondent's memory and solely for representation purposes.