15 Oct 2008
MAGELE ARTHUR RAINSFORD PENN v. HONOUR BRIGHT INVESTMENTS LTD AND OTHERS
- Citation
- MAGELE ARTHUR RAINSFORD PENN v. HONOUR BRIGHT INVESTMENTS LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP2534/2007
The Hong Kong court has power to order directors of the foreign companies to pass the limited board resolution and execute the specified power of attorney (subject to specified drafting amendments) because such orders do not reinstate managerial powers, do not conflict with the BVI/Samoan appointment orders, are not otiose, and are necessary and proportionate to enable receivers to preserve and investigate assets in China; modifications to the proposed documents were required to limit delegation, remove inappropriate indemnity and ratification clauses and to make the power terminable by the c…