Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 38 r2(3)
  • 23 Sept 2003

    RE CHOW KAM FAI DAVID

    Citation
    RE CHOW KAM FAI DAVID
    Court
    Court of First Instance
    Case number
    HCB1364/2003

    Order 38 r2(3) applies to Hong Kong bankruptcy proceedings; the Debtor, who asserts a change of domicile, bears the burden to prove it on the balance of probabilities; because the jurisdictional issues turn on the Debtor's subjective intention and there are disputed material facts and objective circumstances that go to credibility, the court must order the Debtor to attend for cross-examination; video-link was refused because the Debtor sought to avoid enforcement and arrest and no good reason justified departure from personal attendance; Debtor's affidavit is excluded unless leave granted if…