27 Aug 2009
CHINA HARBOUR ENGINEERING LTD v. SUEN WAH LING TRADING AS KONG LUEN CONSTRUCTION ENGINEERING CO
- Citation
- CHINA HARBOUR ENGINEERING LTD v. SUEN WAH LING TRADING AS KONG LUEN CONSTRUCTION ENGINEERING CO
- Court
- Court of First Instance
- Case number
- HCCT27/2005
China Harbour failed to prove beyond reasonable doubt that Mr Suen wilfully and intentionally withheld documents or disposed of assets to avoid the judgments. Many omissions were unexplained because they were not pursued in examination, several documents were produced during or after examination, and no specific asset transfers were established as intended to defeat enforcement. Therefore the discretionary power to order imprisonment under O.49B r.1B(1) could not be exercised in favour of committal.