Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inspection of company register

Legal area

Court

29 May 2023

SHANGHAI TANGSHENG INVESTMENT CO LTD v. HONGKONG CHANGCHENG MINING DEVELOPMENT CO LTD

Citation

[2023] HKCFI 1439
Court

Court of First Instance
Case number

HCMP2144/2022

The court granted inspection because the applicant demonstrated a legitimate interest (holding a charging order absolute), the company failed to discharge the evidential burden to justify refusal (mere assertion of 'business secret' and speculative assertions about PRC liquidation were insufficient), and the existence of PRC liquidation/administrator did not legally preclude inspection under s631; therefore the court should exercise its limited discretion in favour of ordering inspection and provision of copies.
28 Dec 2007

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE

Citation

THE DEMOCRATIC PARTY v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCAL84/2006

The court exercised its discretion and ordered costs to follow the event because the applicant's litigation was primarily instituted to protect its own private interests (preventing intrusion on its members and stemming loss of membership) rather than being predominantly public interest litigation; accordingly the exceptional public interest basis for public funding of costs did not apply.