Hong Kong Case Law: Decisions & Judgments

Topic

Oral examination of officers

Legal area

Court

19 Mar 2020

SAMSON TSANG TAK YUNG v. THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC.

Citation

[2020] HKCFA 8
Court

Court of Final Appeal
Case number

FAMV341/2019

Leave to appeal was refused because the statutory issue was of limited general importance (s221 has been replaced by s286B), the points advanced were not strong, the principal contested order concerned interlocutory document production which is not ordinarily a proper subject for final appellate intervention, a late-raised constitutional point could not be entertained, and Mr Tsang's non-compliance with the orders further militated against granting leave.
3 May 2006

THE JOINT AND SEVERAL LIQUIDATORS OF SAINT POWER INDUSTRIAL LIMITED (IN LIQUIDATION) v. SHUM SIU HAN AND ANOTHER

Citation

THE JOINT AND SEVERAL LIQUIDATORS OF SAINT POWER INDUSTRIAL LIMITED (IN LIQUIDATION) v. SHUM SIU HAN AND ANOTHER
Court

Court of First Instance
Case number

HCCW1309/2002

The court held that under section 221 it had jurisdiction to order officers of the company to produce documents in their possession relating to the company and its PRC subsidiaries and that it was proper to exercise its discretion to order production, an oral examination and leave to serve the order out of the jurisdiction because the documents and testimony were necessary for the liquidators' investigation.
18 Jan 2006

RE KONG WAH HOLDINGS LTD

Citation

RE KONG WAH HOLDINGS LTD
Court

Court of First Instance
Case number

HCCW49/2000

The court held that, on the evidence and taking a pragmatic broad‑brush approach appropriate to a summary s221 application, bank account and loan records (paragraphs 1 and 2 of Schedule 1) for Designated Companies in categories 1, 2 and 3 do relate to the Companies and are reasonably required by the liquidators; records for category 4 (Grande group) are producible only to the extent they relate to the affairs of the Akai group; accordingly a production order and orders for oral examination were made, with approval of the revised draft order subject to specified deletions and qualifications.
4 Aug 2005

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW49/2000

The liquidators demonstrated a reasonable requirement under s221 to obtain specified documents and oral evidence because the Grande respondents and Toyo were substantially involved in the management and disposals of major assets of the Companies, there is evidence documents remain in their possession or control (or can be procured), and the investigation cannot be adequately conducted solely by written interrogatories; therefore the court ordered production (limited to identified entities and time frame) and oral examination of specified individuals with pragmatic modifications to compliance…
4 Aug 2005

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS

Citation

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS
Court

Court of First Instance
Case number

HCCW50/2000

The court found the liquidators had established a bona fide and reasonable need under section 221 for the production of documents and the oral examination of named individuals because the Grande respondents and Toyo were substantially involved in the management and transactions of the Companies; the scope and time‑limit were confined (specified entities and period) and the respondents had not established that they lacked possession, control or knowledge or that disclosure would be oppressive; accordingly the revised draft order (with modifications on time for compliance and document period) w…
28 Apr 2003

THE JOINT AND SEVERAL LIQUIDATORS OF THE NEW CHINA HONG KONG GROUP LTD AND OTHERS v. ERNST & YOUNG AND OTHERS

Citation

THE JOINT AND SEVERAL LIQUIDATORS OF THE NEW CHINA HONG KONG GROUP LTD AND OTHERS v. ERNST & YOUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP3891/2002

The court held that the liquidators had shown a reasonable requirement to inspect E&Y's audit working papers and to orally examine Mr Wu and Miss Yen; E&Y, as auditors and long-standing advisers, fall within the category of officers for s221 purposes; on balancing investigative necessity against oppression the public interest and the liquidators' need prevailed. Production was ordered (limited to available files 1995-1997) and oral examinations ordered before a Master, with costs directions and an undertaking as to reasonable production costs.

Hong Kong Case Law

SAMSON TSANG TAK YUNG v. THE JOINT AND SEVERAL PROVISIONAL LIQUIDATORS OF CHINA MEDICAL TECHNOLOGIES, INC.

THE JOINT AND SEVERAL LIQUIDATORS OF SAINT POWER INDUSTRIAL LIMITED (IN LIQUIDATION) v. SHUM SIU HAN AND ANOTHER

RE KONG WAH HOLDINGS LTD

THE JOINT & SEVERAL LIQUIDATORS OF KONG WAH HOLDINGS LTD (In Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS

THE JOINT & SEVERAL LIQUIDATORS OF AKAI HOLDINGS LTD (IN Compulsory Liquidation) v. THE GRANDE HOLDINGS LTD AND OTHERS

THE JOINT AND SEVERAL LIQUIDATORS OF THE NEW CHINA HONG KONG GROUP LTD AND OTHERS v. ERNST & YOUNG AND OTHERS