Hong Kong Case Law: Decisions & Judgments

Topic

Imprisonment for failure to disclose

Legal area

Court

17 Jun 2025

CHAN CHOI HAR IVY v. DADRA INC.

Citation

[2025] HKCFA 12
Court

Court of Final Appeal
Case number

FAMV23/2025

The Appeal Committee granted leave to appeal on the specific question whether express leave under s12(1) of the Bankruptcy Ordinance is required for a High Court Master to imprison an adjudged bankrupt under Order 49B rule 1B(1)(c), concluding that the issue raises matters of statutory construction and significant implications for personal liberty that warrant full appellate determination.
16 Aug 2024

DADRA INC. v. CHAN CHOI HAR IVY

Citation

[2024] HKCA 773
Court

Court of Appeal
Case number

CACV74/2023

The Court held the Order to Proceed (leave under s.12) granted to the Plaintiff covered the continuation of the oral examination and consequential application for imprisonment; the Master was entitled to find, on the evidence, that the defendant wilfully failed to make full disclosure under Order 49B r1A(2); the Master did not misexercise her discretion in ordering six weeks' imprisonment and in fixing costs against the defendant; the appeal was dismissed.
27 Oct 2021

V CAPITAL LTD v. MARGARET CHIU

Citation

[2021] HKCFI 3133
Court

Court of First Instance
Case number

HCA1431/2017

The court found beyond reasonable doubt that the judgment debtor wilfully failed to make full disclosure required by the Disclosure Order and Compliance Order (including affirming compliance falsely), rejected explanations of secretary illness, solicitor advice and depression as excuses, and in the exercise of its discretion committed the debtor to one month imprisonment, fixed maintenance at $725/day, and ordered costs on indemnity basis.
11 Nov 1988

HUNG KAI FINANCE CO LTD v. THE HAN KING

Citation

HUNG KAI FINANCE CO LTD v. THE HAN KING
Court

Court of Appeal
Case number

CACV118/1988

The master lawfully exercised his discretion in refusing to commit the debtor to prison because the judgment creditor's solicitor had unequivocally abandoned any application for committal; Order 49B does not grant a master jurisdiction to imprison on his own motion; attempts to revive the abandoned application based on the master's injudicious comments were not permitted; the appeal is therefore dismissed.

Hong Kong Case Law

CHAN CHOI HAR IVY v. DADRA INC.

DADRA INC. v. CHAN CHOI HAR IVY

V CAPITAL LTD v. MARGARET CHIU

HUNG KAI FINANCE CO LTD v. THE HAN KING