Hong Kong Case Law: Decisions & Judgments

Topic

Trading while insolvent

Legal area

Court

16 Jun 2021

THE OFFICIAL RECEIVER v. WONG PING KUEN

Citation

[2021] HKCFI 1735
Court

Court of First Instance
Case number

HCMP897/2020

On the agreed facts the respondent was unfit to be concerned in management; having assessed gravity and mitigation the appropriate disqualification period is two years, and leave to act as director was not justified but leave to be concerned in management of Bespark was granted subject to supervision and review because the respondent failed to meet the high threshold for an exception to the dispositive effect of a disqualification order to act as director.
27 Nov 2008

RE LI NGAI

Citation

RE LI NGAI
Court

Court of First Instance
Case number

HCB23961/2002

The application to object to discharge was dismissed because the creditor failed to prove any relied grounds on the evidence: the documents produced were not shown to be forged or false; Mr. Li's activities were plausibly as representative of a municipal government and not trading in his own account; the understatement in the Statement of Affairs was an admitted inadvertent error; the Official Receiver did not object and had not shown prejudice to creditors; and the creditor's delay and apparent fishing expedition did not justify denying automatic discharge.
15 Sept 2006

THE OFFICIAL RECEIVER v. KO KOK HONG AND ANOTHER

Citation

THE OFFICIAL RECEIVER v. KO KOK HONG AND ANOTHER
Court

Court of First Instance
Case number

HCMP1155/2006

The court accepted the Official Receiver's unchallenged evidence that the company was insolvent during April 2001–January 2003, that directors caused unfair preference transactions (rental to a related company and withdrawals benefiting a director), failed to remit MPF contributions (including employee-deducted sums), and continued trading while insolvent; those findings rendered the respondents unfit under s168H and mandated a disqualification order for five years, with costs to the Official Receiver.

Hong Kong Case Law

THE OFFICIAL RECEIVER v. WONG PING KUEN

RE LI NGAI

THE OFFICIAL RECEIVER v. KO KOK HONG AND ANOTHER