RE WONG YEE CHUK

RE WONG YEE CHUK

The debtor did not make a valid, unconditional offer to secure the debt under s.6D(3) because the purported proposals were conditional, inconsistent and not capable of acceptance; even if treated as an offer the proposed security was uncertain and likely insufficient given competing liabilities and the procedural and cross‑border impediments to distribution; the petitioner’s refusal was not unreasonable; accordingly a bankruptcy order was properly made for failure to comply with the statutory demand.

Citation
[2026] HKCFI 1741
Parties
Judgment Creditor / Petitioner: Lo Po Wai, Harry (羅保偉); Judgment Debtor / Respondent: Wong Yee Chuk (黃宜祝); Official Receiver: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2026
Case Number
HCB9063/2025
Procedural Posture
Bankruptcy Petition / Second Callover Hearing; Bankruptcy Order Made (reasons for Judgment Delivered)
Outcome
Bankruptcy order made against Wong Yee Chuk (the Judgment Debtor)
Legal Topics
Statutory Demand, S.6 D(3) Bankruptcy Ordinance Offer to Secure or Compound, Offer to Secure Debt, Contempt Costs, Liquidation Proceeds, Shareholder Dispute, Cross Border Liquidation Issues
Source Language
EN
Bankruptcy Company Law Civil Procedure Costs Law Statutory Demand S.6 D(3) Bankruptcy Ordinance Offer to Secure or Compound Offer to Secure Debt Contempt Costs +3 more

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Parties

Lo Po Wai, Harry (羅保偉)

Judgment Creditor / Petitioner

Wong Yee Chuk (黃宜祝)

Judgment Debtor / Respondent

Official Receiver

Official Receiver

Procedural Posture

Bankruptcy Petition / Second Callover Hearing; Bankruptcy Order Made (reasons for Judgment Delivered)

Legal Issues

  1. 1 Whether the debtor made a valid unconditional offer to secure the debt under s.6D(3) of the Bankruptcy Ordinance
  2. 2 Whether any offer made was unreasonably refused by the petitioner
  3. 3 Whether the debtor had means or assets available to satisfy or secure the debt, including entitlement to liquidation proceeds in the Mainland

Ratio Decidendi

The debtor did not make a valid, unconditional offer to secure the debt under s.6D(3) because the purported proposals were conditional, inconsistent and not capable of acceptance; even if treated as an offer the proposed security was uncertain and likely insufficient given competing liabilities and the procedural and cross‑border impediments to distribution; the petitioner’s refusal was not unreasonable; accordingly a bankruptcy order was properly made for failure to comply with the statutory demand.

Court Disposition

Bankruptcy order made against Wong Yee Chuk (the Judgment Debtor)

Orders

  • Usual bankruptcy order made against the Debtor