Hong Kong Case Law: Decisions & Judgments

Topic

Realisation of assets

Legal area

Court

4 Nov 2025

香港特別行政區訴梁頴康

Citation

[2025] HKDC 2028
Court

District Court
Case number

DCCC156/2024

Given the statutory linkage between confiscation amount and substitute imprisonment, the court exercised its discretion to set a default imprisonment term lower than the upper band for the amount but materially substantial to preserve the coercive purpose of the statutory regime; 18 months was chosen as proportionate on the facts (recognising asset realisation efforts but rejecting an unsupported symbolic term).
21 Apr 2022

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. TEXAN MANAGEMENT LTD AND OTHERS

Citation

[2022] HKCFI 1423
Court

Court of First Instance
Case number

HCCL16/2009

The court granted the appointment of receivers because the papers were properly served, the evidence established that without receivers there was no practical means to realise the assets to pay the substantial costs due to the plaintiff, and the application was otherwise well-founded subject to the plaintiff filing the stated undertaking/affirmation.
21 Apr 2022

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. GOLD GLOBAL LTD AND OTHERS

Citation

[2022] HKCFI 1423
Court

Court of First Instance
Case number

HCCL17/2009

Given proper service, uncontested evidence establishing necessity to realise the only identified assets to meet a substantial costs liability, and absence of any defence or practical alternative, the court exercised its discretion to appoint receivers over Mr Hu's identified assets, subject to the Plaintiff filing an undertaking by way of affirmation verifying its Hong Kong assets.
29 Aug 2014

RE NG TZE CHING

Citation

RE NG TZE CHING
Court

Court of First Instance
Case number

HCB5883/2006

An order for sale was granted because partition was impracticable, the trustees lawfully held the bankrupt's 1/2 share and sought to realise it for creditors, and the respondent failed to prove the exceptional threshold of 'very great hardship' required to resist sale in the bankruptcy context (court endorsing Re Citro approach).
27 Nov 2003

RE MERCURIES- JEANTEX HOLDINGS LTD (IN LIQUIDATION)

Citation

RE MERCURIES- JEANTEX HOLDINGS LTD (IN LIQUIDATION)
Court

Court of First Instance
Case number

HCCW836/1999

The court sanctioned the liquidators to write off the identified assets because the liquidators had made reasonable efforts to realise them, the assets were of insignificant value or the anticipated costs of realisation would exceed any proceeds, and the statutory consultation process with the committee of inspection had occurred; accordingly the write-off and payment of the application costs from company assets were ordered.
12 Oct 1999

RE: CHOW MAN KWONG and EX PARTE: CHOW MAN KWONG the Debtor

Citation

RE: CHOW MAN KWONG and EX PARTE: CHOW MAN KWONG the Debtor
Court

Court of First Instance
Case number

HCB470/1999

Because significant debts existed and there was genuine uncertainty about the realisable extent of the debtor's assets (due to the brother's asserted proprietary interest and restrictions under the Home Ownership Scheme), the petition was not an abuse of process and a bankruptcy order should be made to ensure equitable collective distribution and to prevent BRFL obtaining individual advantage by perfecting security.
29 Jan 1968

TAI SHUN INVESTMENT CO LTD v. COMMISSIONER OF INLAND REVENUE

Citation

TAI SHUN INVESTMENT CO LTD v. COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCIA2/1967

The court held that the company's land development and sale business had ceased on or before 31 March 1965 and that the liquidator's subsequent collection of outstanding instalments, arrears, receipt of limited interest and execution of conveyances were acts reasonably necessary to wind up the company and did not amount to carrying on the trade; accordingly the Board of Review's contrary conclusion could not be sustained and the appeal was allowed.

Hong Kong Case Law

香港特別行政區 訴 梁頴康

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. TEXAN MANAGEMENT LTD AND OTHERS

PACIFIC ELECTRIC WIRE & CABLE CO., LTD v. GOLD GLOBAL LTD AND OTHERS

RE NG TZE CHING

RE MERCURIES- JEANTEX HOLDINGS LTD (IN LIQUIDATION)

RE: CHOW MAN KWONG and EX PARTE: CHOW MAN KWONG the Debtor

TAI SHUN INVESTMENT CO LTD v. COMMISSIONER OF INLAND REVENUE

香港特別行政區訴梁頴康