Hong Kong Case Law: Decisions & Judgments

Topic

Official receiver investigation

Legal area

Court

9 May 2016

RE THE GRANDE HOLDINGS LTD

Citation

RE THE GRANDE HOLDINGS LTD
Court

Court of First Instance
Case number

HCCW177/2011

The court granted a permanent stay because the sanctioned scheme met the interests of members and creditors and provided for liabilities (satisfying two principal criteria from Re Outboard Marine); the Official Receiver confirmed she would continue investigations into directors and the liquidators would assist, addressing the public interest criterion, making the stay appropriate on the agreed draft terms.
26 Nov 2007

RE NG CHI WAI

Citation

RE NG CHI WAI
Court

Court of First Instance
Case number

HCB7850/2007

The court found on the evidence that the debtor is unable to pay his debts; allegations of fraud or property transfers were not sufficiently established to disentitle him from petitioning and are matters for investigation by the Official Receiver; accordingly a bankruptcy order should be made and no costs order should be made.
31 Mar 2004

JADE ELECTRONICS CO LTD v. CHINA SILVER DRAGON GROUP LTD

Citation

JADE ELECTRONICS CO LTD v. CHINA SILVER DRAGON GROUP LTD
Court

Court of First Instance
Case number

HCCW283/2003

Rescission justified because evidence showed arrangements to satisfy the petitioning debt and supporting creditors, the Company demonstrated solvency by management accounts and bank balances and the Official Receiver and petitioner raised no objection; accordingly the winding-up order was rescinded and the petition dismissed.
15 Nov 2002

RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)

Citation

RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCCW227/1999

The court was satisfied jurisdiction under s.221 exists and that both individuals could give material information; the requested adjournment was refused because the criminal charges were unrelated and would not cause significant prejudice especially as the examination is private, and the mainland investigation was preliminary and separate; accordingly examinations were ordered in each of the five winding-up proceedings.
19 Nov 1985

RE MOK KWOK HOO

Citation

RE MOK KWOK HOO
Court

Court of First Instance
Case number

HCB403/1985

A receiving order was warranted in the exercise of the court's discretion because the judgment debt was established, debtor evidence was vague and unsatisfactory, significant unexplained receipts and liabilities existed and a thorough investigation by the Official Receiver was required; the contested burden of proof issue did not affect this outcome.
19 Nov 1985

RE LAU MIU SHEUNG

Citation

RE LAU MIU SHEUNG
Court

Court of First Instance
Case number

HCB404/1985

A receiving order should be made against both debtors because the judgment debt is admitted, the debtors' evidence about assets was vague and unsatisfactory, and the circumstances require a thorough investigation by the Official Receiver; the allocation of the burden of proof did not affect this discretionary decision.
18 Nov 1985

RE LEE KIM HIN CARRYING ON BUSINESS

Citation

RE LEE KIM HIN CARRYING ON BUSINESS
Court

Court of First Instance
Case number

HCB287/1985

Because the debtor admitted the indebtedness, failed to give a full and satisfactory explanation for the monies he was obliged to account for, and given the need for investigation in the public interest, the court exercised its inherent discretion to grant the usual receiving order with costs.

Hong Kong Case Law

RE THE GRANDE HOLDINGS LTD

RE NG CHI WAI

JADE ELECTRONICS CO LTD v. CHINA SILVER DRAGON GROUP LTD

RE YOUNGARY DEVELOPMENT LTD. (IN LIQUIDATION)

RE MOK KWOK HOO

RE LAU MIU SHEUNG

RE LEE KIM HIN CARRYING ON BUSINESS