Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of managers

Legal area

Court

11 Oct 2017

HAU SING TSO AND OTHERS v. SECRETARY FOR JUSTICE

Citation

HAU SING TSO AND OTHERS v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP1431/2014

The court held that the Secretary for Home Affairs was justified in deferring approval because the documentary evidence produced by the objectors created a credible dispute about the correct list of beneficiaries and whether majority consent had been obtained; accordingly the Secretary's decision to defer approval was upheld and the Plaintiffs' application could not succeed on the evidence before the Secretary.
8 Dec 2014

ANTENNA INVESTMENT LTD v. ASIA TELEVISION LTD AND OTHERS

Citation

ANTENNA INVESTMENT LTD v. ASIA TELEVISION LTD AND OTHERS
Court

Court of First Instance
Case number

HCMP2840/2012

On the balance of probabilities the judge found that Wong Ching was the real person in de facto control of ATV through arrangements with BK Wong and the Wong aligned directors, that those arrangements and conduct were designed to circumvent statutory residency/control requirements and misled the Communications Authority, and that this conduct was unfairly prejudicial to Antenna; accordingly extraordinary structural relief (appointment of managers and ordering sale of Panfair shares) was justified to remedy and prevent recurrence, and indemnity for the HK$1,000,000 regulatory fine was to be or…
7 Mar 2007

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER

Citation

TO KAN CHI AND OTHERS v. TO KIN WAH AND ANOTHER
Court

Court of Appeal
Case number

CACV68/2006

The Court dismissed the appeal, holding the judge did not err in exercising his discretion: the proceedings fell within the non-hostile trustee‑direction category warranting a pre-emptive costs order to enable the court to obtain necessary assistance; the fund's substantial surplus justified placing defendants in funds; and costs are to be paid from the fund and taxed on a trustee basis with the taxing master to resolve reasonableness issues.
29 Mar 2006

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS

Citation

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS
Court

Court of Appeal
Case number

CACV358/2004

The application for leave to appeal was refused because the appeal did not engage s22(1)(a) — the dispute concerned the validity of the District Officer's approval of managers (the office), not proprietary rights in land — and the formulated questions of great general or public importance were not engaged on the facts since the District Officer had not misunderstood the principles of decision-making.
27 Aug 2004

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS

Citation

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS
Court

Court of First Instance
Case number

HCAL105/2002

On the facts the District Officer lawfully exercised his discretion under s.15 by assessing the totality of evidence (meetings, notices, lists of signatures, public objection process and fitness of appointees) and was entitled to conclude the appointment process was overall fair despite the notice/minutes discrepancy; therefore his approval stood and the judicial review failed.
21 Dec 2001

RE HIH INSURANCE (ASIA) LTD

Citation

RE HIH INSURANCE (ASIA) LTD
Court

Court of First Instance
Case number

HCCW337/2001

The court granted a six-month extension of the provisional liquidations because the provisional liquidators demonstrated that continuation will likely produce tangible cost and time savings, serve creditors' interests by facilitating a scheme of arrangement, cause no identifiable prejudice to creditors, and is supported by the Commissioner of Insurance and by persuasive foreign authority endorsing the combined use of provisional liquidation and schemes for insurance companies.
21 Dec 2001

RE HIH CASUALTY AND GENERAL INSURANCE (ASIA) LTD

Citation

RE HIH CASUALTY AND GENERAL INSURANCE (ASIA) LTD
Court

Court of First Instance
Case number

HCCW340/2001

The court granted a finite six month adjournment of the provisional liquidations because the provisional liquidators demonstrated that continuation would materially benefit creditors by reducing costs and some delays, the Commissioner of Insurance raised no objection, creditors had been consulted, and comparable procedures have been accepted in other jurisdictions; no prejudice to creditors was identified.
21 Dec 2001

RE HIH INSURANCE (ASIA) LTD

Citation

RE HIH INSURANCE (ASIA) LTD
Court

Court of First Instance
Case number

HCCW338/2001

The court granted a six month adjournment and allowed the companies to remain in provisional liquidation because the provisional liquidators demonstrated tangible cost and time savings that benefit creditors, the Commissioner of Insurance raised no objection, creditors were consulted informally, there was no identifiable prejudice to creditors, and the procedure is supported by established precedent and statutory powers.