Hong Kong Case Law: Decisions & Judgments

Topic

Bankruptcy

Legal area

Court

14 Mar 2023

CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS v. SILVER STARLIGHT LTD

Citation

[2023] HKCA 365
Court

Court of Appeal
Case number

CAMP294/2022

The Court of Appeal admitted the Banks' affidavit evidence of the first creditors' meeting for the postponement appeal because it was not obtainable with reasonable diligence before the judge's decision and could materially affect the premise of the appeal; the court directed a rolled-up combined hearing of related appeals and applications; and, having assessed merits, impecuniosity and lack of compelling evidence that the appeals would be stifled, ordered security for costs of HK$1,500,000 apportioned between the four extant appeals with specified payment, stay and dismissal consequences for…
14 Mar 2023

PAN SUTONG v. CHINA CITIC BANK CORPORATION LTD, TIANJIN BRANCH AND OTHERS

Citation

[2023] HKCA 365
Court

Court of Appeal
Case number

CACV525/2021

The Court granted the Banks leave to adduce the affidavit of Leung in the postponement appeal because the evidence (creditors' meeting admitting c. HK$113.7bn) was not obtainable with reasonable diligence before the judge and was material to the premise of the appeal; directed that Silver Starlight's leave application be heard at a rolled-up combined hearing with Pan's appeals; and ordered security for costs of HK$1.5 million apportioned between the appeals with payment into court within 28 days, stayed further proceedings until payment and dismissal of appeals in default, because the appella…
26 Nov 2019

EASTGATE ADVISORS LTD v. ZHU LIANG (also known as Vincent Julia Chu) AND ANOTHER

Citation

[2019] HKCFI 2740
Court

Court of First Instance
Case number

HCA1844/2014

The court refused to extend time to appeal and dismissed the plaintiff's enforcement/application on the basis that the claimant's bankruptcy and the absence of sufficient merit or compelling reasons justified refusal; costs were summarily assessed and ordered to be paid forthwith.
26 Mar 2015

KONG KWOK KEUNG v. COMMISSIONER OF POLICE

Citation

KONG KWOK KEUNG v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL128/2012

The conviction under Charge (A) was quashed because the Adjudicating Officer impermissibly equated the imposition of restricted duties with proof of impairment of operational efficiency without adequate evidential proof of the causal link; integrity concerns are relevant but the AO relied on duty restrictions as sufficient, which was irrational, so rehearing is required.
14 Nov 2014

CHOW WING KUN AND ANOTHER v. POON TIK KA AND OTHERS

Citation

CHOW WING KUN AND ANOTHER v. POON TIK KA AND OTHERS
Court

Court of First Instance
Case number

HCA1465/2009

Security for costs was justified given the substantial and protracted nature of the litigation, multiple defendants and separate causes of action, the likelihood of expert evidence and senior and junior counsel, and risks arising from the plaintiffs' circumstances; but the original quantum was reduced to a global agreed figure of $200,000 after assessing the defendants' modest bills and by agreement between counsel.
25 Mar 2013

香港特別行政區訴羅念祖

Citation

香港特別行政區訴羅念祖
Court

Court of Appeal
Case number

CACC19/2013

The court granted bail because the essential legal principle is that mere concealment of bankruptcy does not constitute a false representation unless a duty to disclose existed; coupled with evidential uncertainties about ownership of the funds and to whom representations were made, the conviction issue raised a arguable question for appeal and bail was appropriate pending determination of the leave application.
21 Feb 2013

KONG KWOK KEUNG v. COMMISSIONER OF POLICE

Citation

KONG KWOK KEUNG v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL128/2012

The Adjudicating Officer did not err in law: PGO 6-01(8) (1999) requires three causally linked elements and operational efficiency can legitimately be assessed from a management perspective including suitability for posting; evidence that the officer was placed on restricted duties, prohibited from carrying firearms, and had integrity concerns provided a sufficient evidential basis to find impairment of operational efficiency; therefore the leave application had no realistic prospect and was refused.
28 Jul 2006

LAU CHUN MING v. MA KOON SIK AND ANOTHER

Citation

LAU CHUN MING v. MA KOON SIK AND ANOTHER
Court

Court of First Instance
Case number

HCMP5570/2001

MSY Piling's pleaded case admitted that Mr Ma was sole legal and beneficial owner and asserted only a contractual licence; a contractual licence does not create a proprietary interest in the land and therefore cannot prevent enforcement of the Charging Order Absolute. Accordingly the plaintiff is entitled to vacant possession and sale of the Ping Che land and the proceeds are to be applied to the judgment debt under the court's ordered priority scheme.
15 Dec 2004

CHEUNG WING FAI v. COMMISSIONER OF POLICE

Citation

CHEUNG WING FAI v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCAL68/2004

The court held the Appropriate Tribunal and appellate officers acted within jurisdiction and provided sufficient reasons: absence of documentary corroboration and absence of oral evidence (availability for cross‑examination) justified rejecting the brother‑help explanation; the proven extent of liabilities justified a finding of financial imprudence and the award was not unreasonable; the judicial review application was therefore dismissed.
11 Jun 2004

RE NGAN WAI CHUNG

Citation

RE NGAN WAI CHUNG
Court

Court of First Instance
Case number

HCB26182/2002

The debtor failed to adduce cogent evidence of any bona fide dispute on substantial grounds in relation to the sums due under the Service Agreement and related documents; his alleged defenses were fabricated or unsupported, so the petition succeeds and a bankruptcy order is warranted with indemnity costs against him.