Hong Kong Case Law: Decisions & Judgments

Topic

Examination on oath

Legal area

Court

2 May 2013

RE CHANG HYUN CHI

Citation

RE CHANG HYUN CHI
Court

Court of First Instance
Case number

HCB5227/2006

Section 30A(10)(a) does not contravene the Basic Law or the Bill of Rights because its limited, one-off application, the likely substantial adverse effect of pre-commencement absence on estate administration, the relative ease by which a bankrupt can comply, and supporting empirical data render the restriction proportionate; furthermore s29 remains exercisable after discharge (supported by s30A(8) and established authority), therefore the bankrupt's application was dismissed.
22 May 2008

KIN YUEN v. THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation)

Citation

KIN YUEN v. THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation)
Court

Court of Final Appeal
Case number

FACV3/2008

The appeals were withdrawn by consent and there was no live controversy because the parties agreed no examination of the appellant would take place; accordingly leave to withdraw the appeals was granted by the single permanent judge under the powers to determine such applications and there is no order as to costs. The court did not decide the underlying constitutional question raised about the validity of the disputed restrictions under s.221 and art.35.
15 Dec 2006

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS
Court

Court of Final Appeal
Case number

FACV18/2006

Section 221 must be given a wide purposive construction: the court has jurisdiction to order production of documents and obtain information necessary for liquidators' investigations; such orders are not equivalent to inter partes discovery, need not meet discovery-level particularity, may be directed at corporate respondents via proper officers, and the applicant need not prove documents exist before relief is granted; the judge's production and examination orders were within jurisdiction and were properly made.
23 Nov 2005

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) V. [Respondents]

Citation

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) V. [Respondents]
Court

Court of First Instance
Case number

HCCW50/2000

The court was satisfied the liquidators had established a reasonable need under s.221 given the collapse of the companies, lack of records and the respondent's senior long‑term roles; accordingly the court ordered the respondent to be examined on oath and to produce documents, granted leave to serve the order out of the jurisdiction and authorised a letter of request to the Superior Court of Justice of Ontario; an application against another respondent was adjourned sine die with liberty to restore.
19 Nov 2004

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN LIQUIDATION) v. HERBERT TSOI & PARTNERS (a firm) AND ANOTHER

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN LIQUIDATION) v. HERBERT TSOI & PARTNERS (a firm) AND ANOTHER
Court

Court of First Instance
Case number

HCCW50/2000

Court held that where documents sought relate to former subsidiaries which are not parties, those entities must be joined as respondents in the absence of exceptional circumstances; granted leave to amend summonses to join three former subsidiaries, adjourned for service and directed production/consent procedure; awarded wasted costs and resolved overall costs liability accordingly.
18 Oct 2002

RE ASHER & CO. (HONG KONG) LTD.

Citation

RE ASHER & CO. (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCCW150/1998

Given the Official Receiver's assessment that written responses were inadequate and left material ambiguities about the purpose and recipients of payments, and having weighed the Official Receiver's statutory duties and views heavily, the court exercised its discretion under s221 to order an oral private examination of Mr Ng and production of the solicitor firm's files; objections that oral examination would be oppressive or merely collateral to liquidators' proceedings were rejected.
27 Oct 1994

Re HING WAH BLANKET COMPANY LIMITED AND ANOTHER

Citation

Re HING WAH BLANKET COMPANY LIMITED AND ANOTHER
Court

Court of First Instance
Case number

HCMP2745/1994

Orders under s.221 should, in normal circumstances, be made on notice to the person to be examined; making such orders ex parte and withholding the liquidator's report and exhibits from the proposed examinee is not justified absent specific, demonstrated reasons. If confidentiality is necessary it must be justified to the judge and access may be conditioned on undertakings, but secrecy as a default practice is unacceptable.

Hong Kong Case Law

RE CHANG HYUN CHI

KIN YUEN v. THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation)

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD. v. THE GRANDE HOLDINGS LTD. AND OTHERS

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) V. [Respondents]

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (IN LIQUIDATION) v. HERBERT TSOI & PARTNERS (a firm) AND ANOTHER

RE ASHER & CO. (HONG KONG) LTD.

Re HING WAH BLANKET COMPANY LIMITED AND ANOTHER