Hong Kong Case Law: Decisions & Judgments

Topic

Foreign proceedings

Legal area

Court

7 Mar 2023

RE CHU YING KIN

Citation

[2023] HKCFI 680
Court

Court of First Instance
Case number

HCB4013/2017

The court found on balance that the bankrupt wilfully failed to disclose multiple assets/claims (registered trademarks, a substantial ongoing PRC property claim, shareholdings) and was evasive with the Official Receiver, thereby establishing grounds (c) (failure to co-operate) and (d) (unsatisfactory conduct) under s30A(4). Given the duty to disclose, the OR's need to investigate and the aims of rehabilitation balanced against commercial morality, the court exercised its discretion to suspend the Relevant Period. The Time Summons was retrospectively granted. The suspension was set at one year…
5 May 2014

LI GUOZHU v. MA HONGQI AND OTHERS

Citation

LI GUOZHU v. MA HONGQI AND OTHERS
Court

Court of First Instance
Case number

HCA2023/2009

The court refused to exercise its discretion to grant a final declaratory judgment against the 11th defendant because the company was a nominal defendant with no pleaded cause of action, parallel proceedings in the PRC concerned the same issues making a final local declaration inappropriate, and the existing interlocutory injunction adequately protected the plaintiff so there was no genuine need for the declaration.
9 Jul 2008

EVERGREEN INTERNATIONAL STORAGE & TRANSPORTATION CORP. v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

Citation

EVERGREEN INTERNATIONAL STORAGE & TRANSPORTATION CORP. v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCMP1619/2007

Application dismissed because applicant failed to meet the required threshold of reasonable suspicion and cogent material that wrongdoing had occurred in the manner alleged; available evidence (amendment permitting Shanghai shipment, AIB payment records, SMQ correspondence, HSBC disclosure) undermined applicant's suspicions; HBZ was not sufficiently mixed up in any alleged fraud but merely processed compliant L/Cs and payments, so Norwich Pharmacal relief against HBZ was not justified and the application was a fishing exercise outside the court's jurisdiction to grant such discovery.

Hong Kong Case Law

RE CHU YING KIN

LI GUOZHU v. MA HONGQI AND OTHERS

EVERGREEN INTERNATIONAL STORAGE & TRANSPORTATION CORP. v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER