Hong Kong Case Law: Decisions & Judgments

Topic

Companies ordinance s121

Legal area

Court

6 Sept 2013

TSC v. LYK

Citation

TSC v. LYK
Court

Family Court
Case number

FCMC2359/2013

The Family Court/District Court does not have jurisdiction to grant an 'as of right' inspection under Companies Ordinance s121 or under the common law since 'Court' in the Ordinance means the Court of First Instance; however, exercising its discretion under Order 24 rule 13 RHC the Family Court ordered limited inspection because the contested documents were within the respondent's control, relevant to valuation/ancillary relief and certain specified underlying records were necessary for fair disposal while refusing overly wide and unspecified fishing expeditions.
19 May 2011

LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG

Citation

LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG
Court

Court of First Instance
Case number

HCMP2574/2010

Section 121(3) and Articles confer a right to inspect company books but do not impose a statutory obligation on the company to provide photocopies; however a director may make copies by any practical modern means and may remove documents briefly to copy unless a good reason prevents this. The originating summons seeking photocopies was dismissed.
15 Jun 2007

PUN CHING CHAU v. SUEN KAR CHUN AND ANOTHER

Citation

PUN CHING CHAU v. SUEN KAR CHUN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1050/2007

The plaintiff, as a director, was entitled under s121 to inspection and copies; the 1st defendant's conditions (restrictive timing, requirement of plaintiff's presence, refusal of photocopies and other obstructive measures) were unreasonable and amounted to effective denial, therefore the court ordered production and access on normal weekday hours and awarded costs to the plaintiff.
16 Jan 2007

LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER

Citation

LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER
Court

Court of First Instance
Case number

HCMP1857/2006

The strike-out application was dismissed because the claim is not hopeless: it is arguable that a director's common-law right may extend beyond s121, the plaintiff's evidence, while not conclusive, raises a real possibility that company documents exist in the 1st Defendant's possession, and these factual and legal disputes require full evidence and substantive hearing rather than summary dismissal.

Hong Kong Case Law

TSC v. LYK

LAM KIT SING v. CHUNGSHAN COMMERCIAL ASSOCIATION, HONG KONG

PUN CHING CHAU v. SUEN KAR CHUN AND ANOTHER

LEUNG CHI MING v. LAW KWOK YAN AND ANOTHER