23 Sept 2003
RE CHOW KAM FAI DAVID
- Citation
- RE CHOW KAM FAI DAVID
- Court
- Court of First Instance
- Case number
- HCB1364/2003
Order 38 r2(3) applies to Hong Kong bankruptcy proceedings; the Debtor, who asserts a change of domicile, bears the burden to prove it on the balance of probabilities; because the jurisdictional issues turn on the Debtor's subjective intention and there are disputed material facts and objective circumstances that go to credibility, the court must order the Debtor to attend for cross-examination; video-link was refused because the Debtor sought to avoid enforcement and arrest and no good reason justified departure from personal attendance; Debtor's affidavit is excluded unless leave granted if…