有關覃錫鴻的事宜

有關覃錫鴻的事宜

The court found the statutory demand rooted in a valid costs order which constitutes prima facie evidence of the debt; the debtor failed to satisfy the higher evidentiary burden to show a substantive defence or real prospect of success on appeal, provided no credible reason for delay for leave to appeal, and advanced baseless allegations of judicial impropriety; accordingly the petitioners were entitled to the usual bankruptcy order under s.6A(1)(a) of the Bankruptcy Ordinance.

Citation
[2025] HKCFI 5856
Parties
Debtor: Chum Sek Hung Carman (覃錫鴻); Petitioner: 3D-Gold Jewellery (HK) Limited (金至尊珠寶 (香港) 有限公司); Petitioner: 3D-Gold Management Services Limited (金至尊管理服務有限公司); Official Receiver: Official Receiver (破產管理署署長)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 2025
Case Number
HCB6136/2025
Procedural Posture
Bankruptcy Petition / Hearing and Bankruptcy Order Made
Outcome
Bankruptcy order made against Chum Sek Hung Carman (覃錫鴻)
Legal Topics
Statutory Demand, Prima Facie Judgment Debt, Burden of Proof in Bankruptcy Petitions, Leave to Appeal, Absolute Privilege, Costs Assessment
Source Language
CH
Bankruptcy Civil Procedure Defamation Costs Appeal Statutory Demand Prima Facie Judgment Debt Burden of Proof in Bankruptcy Petitions +3 more

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Parties

Chum Sek Hung Carman (覃錫鴻)

Debtor

3D-Gold Jewellery (HK) Limited (金至尊珠寶 (香港) 有限公司)

Petitioner

3D-Gold Management Services Limited (金至尊管理服務有限公司)

Petitioner

Official Receiver (破產管理署署長)

Official Receiver

Procedural Posture

Bankruptcy Petition / Hearing and Bankruptcy Order Made

Legal Issues

  1. 1 Whether the statutory demand based on the costs order was properly served and not complied with
  2. 2 Whether the judgment/costs order constitutes prima facie evidence of the debt for bankruptcy purposes
  3. 3 Whether the debtor has established a bona fide defence or real prospect of success on appeal

Ratio Decidendi

The court found the statutory demand rooted in a valid costs order which constitutes prima facie evidence of the debt; the debtor failed to satisfy the higher evidentiary burden to show a substantive defence or real prospect of success on appeal, provided no credible reason for delay for leave to appeal, and advanced baseless allegations of judicial impropriety; accordingly the petitioners were entitled to the usual bankruptcy order under s.6A(1)(a) of the Bankruptcy Ordinance.

Court Disposition

Bankruptcy order made against Chum Sek Hung Carman (覃錫鴻)

Orders

  • Bankruptcy order made against Chum Sek Hung Carman (覃錫鴻) pursuant to the petition dated 11 August 2025