Hong Kong Case Law

6 Jan 2016

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Court

Court of First Instance

Case number

HCA51/2007

On the totality of the contemporaneous evidence (Companies Registry and Stamp Office filings, financial statements, Father27s notes), the improbability of a large-scale long-running forgery scheme, and the practice of circulating documents for signature, the court was satisfied on the balance of probabilities (taking account of the seriousness of forgery allegations) that the contested signatures were genuine and that the 1997 restructuring was valid and effective; circulated signed minutes and attendance lists signified consent under In re Duomatic.

• Share restructuring
• Declaration of trust
• Conversion of shares into deferred shares
• Authenticity of signatures
• Burden and standard of proof
• Circulated written resolutions vs meetings