Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fraudulent preference (s.266)

Legal area

Court

14 Dec 2004

THE OFFICIAL RECEIVER v. LI PING CHUNG

Citation

THE OFFICIAL RECEIVER v. LI PING CHUNG
Court

Court of First Instance
Case number

HCMP511/2003

On balance of probabilities the respondent committed the alleged breaches (accounting failures, fraudulent preference payments, repayments to associates, void withdrawals and breaches of fiduciary duty). Those proved matters fall within the relevant items of the Fifteenth Schedule and collectively render him unfit to be concerned in the management of a company under s.168H; accordingly a disqualification order is mandatory and a four-year disqualification is appropriate (minimum bracket).
26 Jul 1988

RE RIGHT TIME CONSTRUCTION CO LTD

Citation

RE RIGHT TIME CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCW97/1987

Payments made to the respondent after presentation of the winding-up petition were dispositions of company property within s.182 and are void; the court refused to validate the payments because the respondent knew of the companys insolvency, the payments reduced assets available to unsecured creditors, were not in the ordinary course of business and there was no justification for preferring the respondent.