Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction under s4(1) bankruptcy ordinance

Legal area

Court

27 Dec 2024

RE LIN YIFAN

Citation

[2024] HKCFI 3666
Court

Court of First Instance
Case number

HCB721/2024

The court found jurisdiction under s4(1)(c)(i) and (place of residence) because the debtor acquired permanent residency, purchased and maintained a Hong Kong residential unit which he intended to occupy and did occupy during the relevant period; the debtor failed to prove a bona fide dispute on substantial grounds as the alleged global settlement was unparticularized, unsupported by documents or credible evidence and inconsistent with contemporaneous records, therefore the petitioning debt stood and a bankruptcy order was made.
29 Jul 2009

RE PATRICK MAJOR LEE

Citation

RE PATRICK MAJOR LEE
Court

Court of First Instance
Case number

HCB3448/2008

There was insufficient evidence to conclude the debtor had 'carried on business' in Hong Kong within the three years for s4(1)(c)(ii); however the debtor's own annual return dated 15 July 2005 identified a Hong Kong address as his place of residence within the relevant period, thereby establishing jurisdiction under s4(1)(b); accordingly the court made a bankruptcy order and awarded costs against the debtor.