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Hong Kong decisions
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The court refused leave to appeal against a section 21M injunction and disclosure order in aid of PRC proceedings, but granted a partial interim stay of disclosure.
The Court of First Instance granted Chabra relief over assets registered to Ms He, joined her as a defendant, allowed service out, and made confidentiality orders.
The High Court ordered the plaintiff to provide HK$550,000 security for costs, finding he had not shown a very high likelihood of success or sufficient enforceable assets.
The Court of First Instance granted Mareva and Chabra injunctions and disclosure orders to preserve assets for enforcement of a registered Mainland judgment.
The Beijing Court Rulings do not constitute Mainland judgments that order payment within s5(2)(e) because they merely terminated a round of enforcement proceedings under the notarised debt instrument regime and the amounts payable were determined by the Beijing Notary Office via Execution Certificates rather than adjudicated by the court; accordingly the registration did not satisfy s5(2)(e) and was correctly set aside. Further, s18(1)(f)(i) is to be read as applying only where Mainland law requires the debtor to be summoned and that requirement was not met.
Source excerpt
法院拒绝全面禁止仲裁，但就已在北京仲裁裁定为惩罚性且不可执行的违约金请求，颁布有限度反仲裁禁令，并驳回传唤宣誓书的申请。
The Court continued worldwide Mareva injunctions, granted Chabra relief against Zhang, and appointed interim receivers after finding a real risk of dissipation and inadequate disclosure.
The court refused to make garnishee orders absolute or vary Mareva injunctions, finding enough suspicion about the bona fides of the judgment debts to require a fuller inquiry.
The court continued a Mareva injunction, refused a maintenance carve-out, and granted a Chabra injunction limited to Liu’s half share in the property.
The Court of First Instance refused leave to appeal and extended an interim stay for 14 days, holding that the proposed MJREO challenge had no reasonable prospect of success.
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