Hong Kong Case Law: Decisions & Judgments

Topic

Carrying on business

Legal area

Court

26 Mar 2026

RE CHAN CHI SAT

Citation

[2026] HKCFI 1766
Court

Court of First Instance
Case number

HCB533/2025

On the totality of the evidence the Debtor was not ordinarily resident in Hong Kong, did not have a place of residence in Hong Kong, had not carried on business in Hong Kong during the relevant three year period and, having abandoned his domicile of choice, had reverted to his domicile of origin; accordingly the conditions in section 4(1) of the Bankruptcy Ordinance were not satisfied and the court lacked jurisdiction to make a bankruptcy order, so the amended petition is dismissed; separately, the court held that service of the statutory demand by advertisement on 16 July 2024 was a reasonab…
24 Jan 2025

RE ZHU GUOLING

Citation

[2025] HKCFI 458
Court

Court of First Instance
Case number

HCB462/2024

The petition must be dismissed because the Petitioner failed to prove jurisdiction under s4 of the Bankruptcy Ordinance (no settled place of residence, no change of domicile to Hong Kong, and no carrying on of business in the Debtor's personal capacity) and, on the merits, there is a bona fide dispute because the Guarantee, strictly construed, did not cover the indebtedness under the FAAA/Exchange Offer and any transfer/variation arguably discharged the guarantor.
29 Nov 2021

RE WANG HUIMIN

Citation

[2021] HKCFI 3472
Court

Court of First Instance
Case number

HCB6848/2019

On the totality of the evidence the court was not satisfied Madam Wang personally carried on a business in Hong Kong during the relevant period; additionally the Order for Substituted Service was obtained with serious material non‑disclosure/misstatements about her Shanghai addresses so the court could not be satisfied as to proof of service under s9(2) BO; accordingly there was no jurisdiction to make the Bankruptcy Order and the annulment under s33(1)(a) BO was granted.
25 Oct 2019

CMED TECHNOLOGIES LTD v. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP (a firm) AND ANOTHER

Citation

[2019] HKCFI 2631
Court

Court of First Instance
Case number

HCA3272/2016

On the affidavit material the plaintiffs established a good arguable case that PW LLP carried on business in Hong Kong via the Chater Road office and resident partners and that the alleged negligent advice was received and relied upon in Hong Kong such that the tort was in substance committed in Hong Kong and governed by Hong Kong law; accordingly Hong Kong is the appropriate forum and service on PW LLP via a partner in Hong Kong was valid, so the defendants' applications to set aside service and to stay for forum non conveniens fail.
13 Jun 2019

香港特別行政區訴何永斌

Citation

[2019] HKCFI 1389
Court

Court of First Instance
Case number

HCMA600/2018

The observed combination of conduct—displaying multiple second‑hand watches, negotiating and accepting payment, and remaining to guard additional stock—established beyond reasonable doubt that the appellant was carrying on a business in breach of the visitor stay condition (regulation 2), and therefore the conviction and three‑month sentence were upheld.
4 Feb 2019

RE CAI SUI XIN

Citation

[2019] HKCFI 330
Court

Court of First Instance
Case number

HCB735/2018

On the evidence the court found jurisdiction under s.4 because Cai remained domiciled in Hong Kong and was ordinarily resident and had a place of residence (Broadwood Road) in Hong Kong during the Relevant Period until at least September 2016—based on immigration records, company filings, children's residence and directorships—and the onus to prove change of domicile to Tianjin was not discharged; there was insufficient evidence he personally carried on a business in Hong Kong; preliminary pleading objection dismissed; accordingly bankruptcy order made against Cai.
16 May 2017

RE 張承勷

Citation

RE 張承勷
Court

Court of First Instance
Case number

HCB6679/2015

The court excluded the Draft 5th Affirmation as inadmissible (undated, un‑affirmed, un‑notarised), found the debtor failed to discharge the burden of proving change of domicile or that he was not ordinarily resident, had no place of residence or had ceased carrying on business in Hong Kong within the relevant three‑year period, concluded the statutory requirements of sections 4(1) and 6D(1) were satisfied and granted the bankruptcy order against the debtor with costs to the petitioner to be taxed and paid out of the bankrupt's assets.
27 Jan 2014

RE DIANOOR INTERNATIONAL LTD (IN LIQUIDATION)

Citation

RE DIANOOR INTERNATIONAL LTD (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCB7743/2012

The petition failed because the petitioner did not prove the debtor had carried on a business of his own in Hong Kong during the prescribed three year period; the activities relied on were either part of the petitioner's business or otherwise unsupported, and ordinary residence was not established.
24 May 2002

RE KOK HIU PAN

Citation

RE KOK HIU PAN
Court

Court of First Instance
Case number

HCB5332/2000

Petitioner failed to prove any of the jurisdictional bases in s4(1). The court found the debtor did not spend a sufficiently substantial proportion of time in Hong Kong to be 'ordinarily resident' and that he was an employee acting as a nominated director, not someone conducting his own business; accordingly the court lacked jurisdiction and the petition was dismissed.
5 Jan 2000

Re Statutory Demand served by Bangkok Bank Public Co. Ltd.

Citation

Re Statutory Demand served by Bangkok Bank Public Co. Ltd.
Court

Court of First Instance
Case number

HCSD39/1999

The application to set aside the statutory demand is dismissed because absence of domicile, residence or carrying on business in Hong Kong is not a ground to set aside a statutory demand where jurisdiction can be founded on the debtor's presence in Hong Kong on the day the petition is presented under s4(1)(b); Rule 44 was not contravened because the interest was calculated according to served Order 14 judgments; and disputes on liability should have been raised in the Order 14 proceedings.