Hong Kong Case Law: Decisions & Judgments

Topic

Failure to deliver statement of affairs

Legal area

Court

8 Jun 2010

THE OFFICIAL RECEIVER v. LUI FU SING AND ANOTHER

Citation

THE OFFICIAL RECEIVER v. LUI FU SING AND ANOTHER
Court

Court of First Instance
Case number

HCMP1922/2008

The court found Weld-Tech insolvent and that both respondents committed proven breaches: failure to keep proper books, failure to deliver statement of affairs, execution of guarantee and sale to a related company without satisfactory evidence of repayment, and issuing a cheque after the petition; their explanations were inconsistent or untruthful and Chan's delegation defence failed because directors' duties are non-delegable; accordingly both respondents are unfit to be concerned in management and a five-year disqualification order was appropriate.
14 Oct 2005

THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER

Citation

THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER
Court

Court of First Instance
Case number

HCMP3166/2004

Evidence established that both respondents committed accounting record offences, failed to deliver statements of affairs, and breached prior disqualification orders (with the 1st respondent also acting while bankrupt and being uncooperative); these findings render them unfit under s168H and require mandatory disqualification, fixed at 12 years for the 1st respondent and 8 years for the 2nd respondent taking into account relative seriousness and mitigation.
7 Sept 2005

THE OFFICIAL RECEIVER v. SIT JOHNNY (FORMERLY SIT CHING)

Citation

THE OFFICIAL RECEIVER v. SIT JOHNNY (FORMERLY SIT CHING)
Court

Court of First Instance
Case number

HCMP177/2003

The respondent's unauthorised use of company funds (US$250,000) and failure to account for substantial transfers (US$4,000,000 converted to RMB with large unexplained sums), combined with convictions for failing to keep proper books, failure to file statutory returns and failure to deliver a statement of affairs, established that he was unfit under s168H when assessed against the matters in the 15th Schedule; because the respondent and his witnesses did not attend for cross-examination their affirmations were excluded, leaving the Official Receiver's evidence uncontradicted and mandating a di…
10 Nov 2004

THE OFFICIAL RECEIVER v.TANG CHUN KWONG

Citation

THE OFFICIAL RECEIVER v.TANG CHUN KWONG
Court

Court of First Instance
Case number

HCMP2333/2004

Mr Tang, as the active director, wilfully or negligently failed to keep accounting records and to deliver a Statement of Affairs, obstructing the liquidators, while the company was insolvent and there were unexplained withdrawals and an admitted debt in audited accounts; these facts satisfy section 168H and warrant a disqualification to protect creditors and the public; a five-year period is appropriate (top of the minimum 2-5 year bracket) given aggravating circumstances and lack of defence.

Hong Kong Case Law

THE OFFICIAL RECEIVER v. LUI FU SING AND ANOTHER

THE OFFICIAL RECEIVER v. TO KIT WAN DORIS AND ANOTHER

THE OFFICIAL RECEIVER v. SIT JOHNNY (FORMERLY SIT CHING)

THE OFFICIAL RECEIVER v.TANG CHUN KWONG