Hong Kong Case Law: Decisions & Judgments

Topic

Nominee appointment

Legal area

Court

29 Aug 2003

RE SHEK WAI MAN

Citation

RE SHEK WAI MAN
Court

Court of First Instance
Case number

HCBI1026/2003

The court held that Hong Kong law permits two or more persons to be appointed jointly as nominees and that a person who is not a certified public accountant or solicitor may be appointed a nominee if, on a case‑by‑case assessment, the court is satisfied he has sufficient experience and qualifications to discharge the nominee's duties; accordingly Mr. Wu was fit to be appointed jointly with Ms. Yu for these four IVAs where supervisory duties only were required.
29 Aug 2003

RE LIU MAN YEE

Citation

RE LIU MAN YEE
Court

Court of First Instance
Case number

HCBI1233/2003

The court held that Hong Kong law permits two or more persons to be appointed as joint nominees and that the court must assess nominee suitability on a case-by-case basis; applying that test, Mr. Wu, though not a certified public accountant or solicitor, demonstrated sufficient experience, qualifications and regulatory registration to perform the supervisory duties required in these four IVAs, so his appointment together with Ms. Yu as joint nominees was acceptable.
29 Aug 2003

RE POON CHEE FONG

Citation

RE POON CHEE FONG
Court

Court of First Instance
Case number

HCBI1219/2003

Under Hong Kong law the singular term 'nominee' does not preclude appointment of joint nominees because Cap.1 permits singular to include plural and the Bankruptcy Rules contemplate multiple nominees; and on the facts Mr Wu demonstrated sufficient experience and qualification for these cases and therefore the court did not object to appointing Mr Wu and Ms Yu as joint nominees for the four individual voluntary arrangements.
29 Aug 2003

RE WAN FONG HUNG

Citation

RE WAN FONG HUNG
Court

Court of First Instance
Case number

HCBI1027/2003

The court held that statutory language and the Rules permit appointment of joint nominees and that, on the evidence, Mr. Wu demonstrated sufficient experience and qualification to act as nominee for these composition-type individual voluntary arrangements; consequently the court raised no objection to appointing Mr. Wu and Ms. Yu as joint nominees in the four cases.

Hong Kong Case Law

RE SHEK WAI MAN

RE LIU MAN YEE

RE POON CHEE FONG

RE WAN FONG HUNG