Hong Kong Case Law: Decisions & Judgments

Topic

Section 29 bankruptcy ordinance

Legal area

Court

28 Jan 2025

RE LEE SIU FUNG SIEGFRIED

Citation

[2025] HKCFI 462
Court

Court of First Instance
Case number

HCB345/2001

The trustees satisfied the two primary s29 tests — the information and documents sought were reasonably required for them to perform their functions and there was a prima facie case that the respondent, by reason of her directorships and shareholdings in relevant companies, could provide the information; balancing proportionality and delay factors did not outweigh the trustees' need for investigation, so a s29 order for production and examination was justified with limited scope and timing amendments.
8 Nov 2024

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHINA NEW INVESTMENTS LTD AND OTHERS

Citation

[2024] HKCFI 3169
Court

Court of First Instance
Case number

HCB3819/2011

On the evidence and on the balance of probabilities CNIL and Mr Cheung established they were bona fide independent funders not under the control of David Ho; the Trustees did not discharge the statutory reasonable suspicion threshold required for a s.29 BO order against CNIL/Mr Cheung; the Amended Summons for disclosure and related preservation orders against banks are dismissed and costs awarded to CNIL/Mr Cheung.
31 Oct 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHINA MERCHANTS BANK CO LTD

Citation

[2023] HKCFI 2786
Court

Court of First Instance
Case number

HCB3819/2011

The court found that the trustees had established a reasonable suspicion that the Million Nice account was a corporate vehicle used to move funds connected to the bankrupt’s dealings (supported by documentary links from other productions), the documents sought relate to the bankrupt’s dealings or property and are reasonably required for the trustees to carry out their functions, and the bank possessed the requested records; accordingly a section 29 order requiring production of account opening records and transactional documents for the Million Nice Account was justified and granted with limi…
25 Aug 2023

THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF SO CHING WAN v. ASSEN LTD (IN LIQUIDATION) AND OTHERS

Citation

[2023] HKCFI 2153
Court

Court of First Instance
Case number

HCB4475/2002

The Master upheld the taxation allowances made at the taxation hearing: hourly rates for the identified fee-earners and rates for trainee/para-legal staff were reasonable for their experience and periods claimed; items challenged were, item-by-item, either properly allowed or appropriately reduced after review; briefs and fee notes satisfied the Order 62 requirement for counsel fees; the solicitor's certificate on the bill was prima facie evidence of client liability and Mr Tang produced no evidence to rebut it; the review was an abuse of process when used to re-litigate the underlying decisi…
29 May 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

Citation

[2023] HKCFI 1429
Court

Court of First Instance
Case number

HCB3819/2011

The trustees established the threshold of reasonable suspicion under s29 BO because OLN's disclosure showed substantial remittances from an Unidentified Account to OLN in respect of litigation benefiting the bankrupt and his nominees; the documents sought relate to the bankrupt and are reasonably required for the trustees to trace and recover assets; HSBC is able to provide the records and did not oppose disclosure; accordingly the court granted an order under s29 BO requiring HSBC to produce the specified account records within 42 days and refused an order for costs.
20 Mar 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. CHONG HING BANK LTD AND OTHERS

Citation

[2023] HKCFI 826
Court

Court of First Instance
Case number

HCB3819/2011

The Trustees demonstrated reasonable grounds to suspect that the specified accounts related to the bankrupt or his nominees and that the account opening records and transaction documents were reasonably necessary for the Trustees' functions; accordingly production orders under s29 BO were appropriate in respect of certain accounts. However, as a general rule account holders should be given notice or be joined unless exceptional circumstances exist; absent such circumstances the court will require notice before making orders. Applying those principles, production orders were granted against Ch…
21 Dec 2022

ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FONG AND ANOTHER

Citation

[2022] HKCFI 3683
Court

Court of First Instance
Case number

HCMP1106/2021

The court construed paragraph 2 of the s.29 Order as requiring production of documents of the Schedule 3 companies only insofar as they related to matters in Schedules 1 and 2 (ambiguity resolved for defendants), but nevertheless found beyond reasonable doubt that the Defendants were in contempt: they failed to produce specified corporate documents within 21 days, delayed compliance for years, failed to address numerous items in their 2020 affirmations, and failed adequately to account for documents no longer in their possession, thus breaching paragraphs 2 and 4 of the s.29 Order and satisfy…
19 Jan 2022

CHEN YUNG NGAI KENNETH AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER

Citation

[2022] HKCA 110
Court

Court of Appeal
Case number

CACV83/2020

The judge below applied an unduly high threshold by requiring more than reasonable suspicion; having regard to the trustees' evidence and the subsequent finding in HCA971/2012 that the 2004 sale was a sham and the bankrupt remained beneficial owner, there were reasonable grounds to suspect the bankrupt was connected to the funders and the liquidators must produce the specified information and documents under s.29 BO; the appeal was allowed and the lower order was set aside.
8 Apr 2020

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND ANOTHER

Citation

[2020] HKCFI 578
Court

Court of First Instance
Case number

HCB3819/2011

The summons was dismissed because the trustees failed to establish a reasonable evidential foundation that the funding arrangements and documents sought related to the bankrupt or his dealings such as to justify orders under s29; the liquidators' sworn denials supported by corporate documents and incumbency registers rebutted the trustees' speculative inferences, and the court had no jurisdiction to order the alternative affidavit relief sought outside s29(1A).
7 Apr 2017

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS

Citation

IP PUI LAM ARTHUR AND ANOTHER v. ALAN CHUNG WAH TANG AND OTHERS
Court

Court of First Instance
Case number

HCB3819/2011

Apply Hong Kong authorities (Kong Wah Holdings and Nanik Dayaram), not Singularis; order production under section 29 to be complied with within two months; deny costs to respondents except reasonable photocopying charges to be paid out of the bankrupt's estate; no order for costs against Ms Wong; costs of the hearing to be borne by Mr Tang and Ms Hou and summarily assessed at HKD 5,000.