RE FAN SHAOZHOU

RE FAN SHAOZHOU

The statutory demand was not complied with, the debt arising from an undisputed judgment remained owing, the Debtor filed no opposition, and the last‑minute conditional loan proposal was uncertain and unacceptable; accordingly the Debtor is deemed unable to pay under s.6A(1)(a) and a usual bankruptcy order was warranted.

Citation
[2025] HKCFI 1521
Parties
Petitioner: Zhongtai International Securities Limited; Debtor: Fan Shaozhou; Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2025
Case Number
HCB528/2025
Procedural Posture
Bankruptcy Proceedings / Bankruptcy Order Made (reasons for Judgment)
Outcome
Usual bankruptcy order made against the Debtor, Fan Shaozhou.
Legal Topics
Statutory Demand, Bankruptcy Order, Security Enforcement, Realization of Collateral, Court Discretion on Repayment Offers
Source Language
EN
Insolvency Bankruptcy Debt Recovery Enforcement of Foreign Judgment Statutory Demand Bankruptcy Order Security Enforcement Realization of Collateral +1 more

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Parties

Zhongtai International Securities Limited

Petitioner

Fan Shaozhou

Debtor

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Proceedings / Bankruptcy Order Made (reasons for Judgment)

Legal Issues

  1. 1 Whether the Debtor is deemed unable to pay his debts under s.6A(1)(a) of the Bankruptcy Ordinance
  2. 2 Whether the statutory demand served via Mainland authorities grounds a bankruptcy petition
  3. 3 Whether the court should accept a last‑minute proposed loan/repayment offered in tranches over 12 months

Ratio Decidendi

The statutory demand was not complied with, the debt arising from an undisputed judgment remained owing, the Debtor filed no opposition, and the last‑minute conditional loan proposal was uncertain and unacceptable; accordingly the Debtor is deemed unable to pay under s.6A(1)(a) and a usual bankruptcy order was warranted.

Court Disposition

Usual bankruptcy order made against the Debtor, Fan Shaozhou.

Orders

  • Usual bankruptcy order made against Fan Shaozhou (Bankruptcy Proceedings No 528 of 2025)