PF GROUP HOLDINGS LTD AND ANOTHER v. LEE CHUN PONG BRUCE AND ANOTHER

PF GROUP HOLDINGS LTD AND ANOTHER v. LEE CHUN PONG BRUCE AND ANOTHER

The Court of Appeal held that at the leave stage the judge should have confined himself to whether a prima facie case of contempt was arguable; the SOT, on its face, was reasonably arguable to be false as to Lee's director status in circumstances where the Form NN6 evidenced cessation prior to signature, and leave to commence contempt proceedings should therefore have been granted.

Citation
[2025] HKCA 652
Parties
1st Plaintiff: PF GROUP HOLDINGS LIMITED; 2nd Plaintiff: PACIFIC FOUNDATION SECURITIES LIMITED; 1st Defendant: LEE CHUN PONG BRUCE; 2nd Defendant: BILLION TARGET HOLDINGS LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 July 2025
Case Number
CACV67/2025
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Application for Leave to Commence Contempt Proceedings (leave Stage)
Outcome
Appeal allowed; Decision of DHCJ set aside; leave granted to 1st defendant to institute contempt proceedings.
Legal Topics
Statement of Truth, Order of Committal, De Facto Director, Leave to Commence Contempt Proceedings, Rules of the High Court (cap.4 A)
Source Language
EN
Civil Procedure Contempt of Court Company Law Civil Litigation Practice and Procedure Statement of Truth Order of Committal De Facto Director Leave to Commence Contempt Proceedings +1 more

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Parties

PF GROUP HOLDINGS LIMITED

1st Plaintiff

PACIFIC FOUNDATION SECURITIES LIMITED

2nd Plaintiff

LEE CHUN PONG BRUCE

1st Defendant

BILLION TARGET HOLDINGS LIMITED

2nd Defendant

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Application for Leave to Commence Contempt Proceedings (leave Stage)

Legal Issues

  1. 1 Whether the statement of truth (SOT) falls within O.41A r.9(1)
  2. 2 Whether a prima facie case for contempt was established at the leave stage
  3. 3 Whether the judge erred in considering de facto director status at the leave stage

Ratio Decidendi

The Court of Appeal held that at the leave stage the judge should have confined himself to whether a prima facie case of contempt was arguable; the SOT, on its face, was reasonably arguable to be false as to Lee's director status in circumstances where the Form NN6 evidenced cessation prior to signature, and leave to commence contempt proceedings should therefore have been granted.

Court Disposition

Appeal allowed; Decision of DHCJ set aside; leave granted to 1st defendant to institute contempt proceedings.

Orders

  • Leave is granted to the 1st defendant to institute contempt proceedings on the basis that the part of the SOT in which Lee stated himself to be the director of the 1st plaintiff is reasonably arguable to constitute contempt.
  • Costs of this appeal and in the court below are to be in the cause of the contempt proceedings.