Hong Kong Case Law: Decisions & Judgments

Topic

Statement of affairs

Legal area

Court

13 Jun 2018

LEUNG KAI HUNG AND ANOTHER v. CHOI TZE KIT SAMMY, JOINT AND SEVERAL LIQUIDATOR OF RICHFAME DYNASTY LTD (IN LIQUIDATION) AND OTHERS

Citation

[2018] HKCFI 1532
Court

Court of First Instance
Case number

HCCW401/2005

The court granted the stay because the statement of affairs was filed, liquidators conducted enquiries and identified no transactions requiring further investigation, the company appeared amply solvent given the released mortgage over 23 car parking spaces, contributories provided undertakings and measures to secure possible liabilities and there was no detriment to public commercial morality or public interest.
27 Jan 2016

RE CHIN WAI KAY GEODIE

Citation

RE CHIN WAI KAY GEODIE
Court

Court of First Instance
Case number

HCB7469/2010

The court found the Bankrupt had engaged in unsatisfactory conduct (omissions in statement of affairs, delays in filing statements, failure to co-operate and evasive disclosure) and that discharge would prejudice administration; exercising its discretion under s30A(3) the court suspended the automatic discharge for 18 months from 8 June 2015 and ordered costs to follow the event (order nisi).
21 Apr 2011

RE CHIM CHOI PANG

Citation

RE CHIM CHOI PANG
Court

Court of First Instance
Case number

HCB9056/2010

On the evidence before the court, including the sworn Statement of Affairs and lack of contrary proof sufficient to show capacity to pay, the court was satisfied the Debtor was unable to pay her debts and therefore a bankruptcy order was properly made despite the Creditor's challenges regarding valuation and alleged past representations.
4 Apr 2007

RE CHEUNG KO CHING

Citation

RE CHEUNG KO CHING
Court

Court of First Instance
Case number

HCB272/2001

The Court held that the Official Receiver proved that the bankrupt failed to co-operate and filed material documents late without credible explanation or medical evidence; contemporaneous OR records were preferred to the bankrupt's uncorroborated assertions; applying principles of rehabilitation and the need for full disclosure the Court exercised its discretion under section 30A to suspend automatic discharge for two years as an appropriate proportionate response.
6 Oct 2006

SHUN KAI FINANCE CO LTD v. WONG SHUN

Citation

SHUN KAI FINANCE CO LTD v. WONG SHUN
Court

Court of First Instance
Case number

HCB1166/2006

The debtor's signatures on the Statement of Affairs constituted a personal acknowledgement of indebtedness under s23(3) of the Limitation Ordinance, thereby restarting limitation time as at the liquidation date (5 November 2003) and rendering the claim not statute-barred; alternatively the debtor's obligations are enforceable as a specialty because he executed the agreements as deeds, and no bona fide dispute of substance exists; therefore bankruptcy order appropriate.
2 Nov 2004

RE NG KWOK CHEUNG PAUL

Citation

RE NG KWOK CHEUNG PAUL
Court

Court of First Instance
Case number

HCB104/2000

The Official Receiver proved that the bankrupt was dilatory and failed to co-operate in providing documents and information (notably regarding five BVI companies, Credit Suisse's statement and timely completion of statement of affairs), and failed to attend a scheduled interview; the medical evidence did not justify the delays; consequently grounds under s30A(4)(c) and (d) are established and automatic discharge is properly suspended for two years (until 28 February 2006).
23 Dec 2002

RE LI TAT KONG

Citation

RE LI TAT KONG
Court

Court of First Instance
Case number

HCB741/1995

Rule 83 could not be relied upon as conferring an independent committal jurisdiction (held not within ambit of rule‑making power); on the evidence the Official Receiver had not proven beyond reasonable doubt that Mr Li had refused or wilfully failed to answer questions under s19 or wilfully failed to perform duties under s26; accordingly application for committal dismissed and no contempt found.
9 Oct 2002

RE YU LEUNG HONG

Citation

RE YU LEUNG HONG
Court

Court of First Instance
Case number

HCB7615/2002

The court, satisfied on the evidence that the debtor was unable to pay his debts and having regard to the withdrawal of the opposing creditor's opposition after the debtor's explanatory evidence, made a bankruptcy order and, given the agreement between the parties and the Official Receiver, made no order as to costs.
9 Sept 2002

RE LIU WING KIN

Citation

RE LIU WING KIN
Court

Court of First Instance
Case number

HCB8385/2002

Because the debtor demonstrated inability to pay his total indebtedness and provided full and detailed disclosure addressing the bank's concerns, the opposing creditor withdrew its opposition and the court made a bankruptcy order with no order as to costs.
5 Sept 2002

Re Choi Sze Fai

Citation

Re Choi Sze Fai
Court

Court of First Instance
Case number

HCB1276/1997

The Master found on facts that Mr. Choi failed to complete his Statement of Affairs properly, concealed information and failed to cooperate with the Official Receiver; such conduct justified suspension of the automatic discharge for three years under section 30A(3) of the Bankruptcy Ordinance; the review is dismissed and the original suspension is confirmed.