Hong Kong Case Law: Decisions & Judgments

Topic

Vesting of assets

Legal area

Court

4 Jul 2025

RE LIM OON KUIN

Citation

[2025] HKCFI 2896
Court

Court of First Instance
Case number

HCMP660/2025

The court recognised the trustees appointed by the Singapore Court and granted them limited assistance powers in Hong Kong to request and receive documents and information, locate, protect, secure and take possession of moveable assets and records, investigate the bankrupts’ affairs, bring proceedings in Hong Kong and retain professionals; ex parte relief was appropriate given no order was sought against third parties and the requisite conditions under Re Phillip and IRDA s.327 were satisfied.
18 Nov 2024

ROBERT SCOTT WOODS, THE TRUSTEE-IN-BANKRUPTCY OF PHILLIP JAMES KINGSTON v. INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LTD

Citation

[2024] HKCFI 3311
Court

Court of First Instance
Case number

HCMP1789/2024

The Federal Court sequestration and trustee appointment were recognised because the Australian proceedings were collective, the bankrupt had submitted to the Australian court (at least by waiver) and was domiciled in Australia at the relevant time; recognition and the ancillary disclosure order were necessary to enable the trustee to carry out statutory functions and were consistent with Hong Kong law and public policy, so the High Court granted recognition and ordered ICBC to produce specified documents within 42 days and conferred specified investigative and litigation powers on the trustee.
3 Dec 2013

RE TSANG WING LAM

Citation

RE TSANG WING LAM
Court

Court of First Instance
Case number

HCB1203/2013

The stay application was dismissed because the pending appeal was not shown to be bona fide or sufficiently arguable, the bankrupt failed to provide credible evidence of ownership or imminent receipt of sale proceeds of the alleged goods, the bankrupt had not cooperated with the Official Receiver or filed a Statement of Affairs, the bankruptcy order had been gazetted so there were no effective steps to stay, and granting a general stay would prejudice creditors and impede estate administration.
27 Oct 2004

CHAN KENG TAI v. THE REGISTRAR OF COMPANIES

Citation

CHAN KENG TAI v. THE REGISTRAR OF COMPANIES
Court

Court of First Instance
Case number

HCMP2281/2004

Because the omission of the parking space from the liquidation account was inadvertent and the Registrar/Government did not oppose revesting, the court exercised its power under s.290 to declare the dissolution void and appointed the applicant as liquidator to enable the company to deal with the overlooked asset, granting consequential directions in the draft order.
5 Nov 1996

THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA AND OTHERS v. HO YING CHEONG AND OTHERS

Citation

THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA AND OTHERS v. HO YING CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCA9302/1993

The Official Receiver was ordered to bear the costs because the vesting application had no proper legal basis, the Official Receiver failed to justify the proceedings and procedural steps were misconceived; accordingly the costs reserved by Deputy Judge Peard and of the present hearing must be paid by the Official Receiver on a common fund basis.
5 Nov 1996

IMAGE TECHNOLOGY (HONG KONG) LTD AND OTHERS v. HO YING CHEONG AND OTHERS

Citation

IMAGE TECHNOLOGY (HONG KONG) LTD AND OTHERS v. HO YING CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCA6861/1993

The court found the Official Receiver's application to vest the money had no sustainable legal basis under s.198 of the Companies Ordinance, the procedural steps were misconceived, and therefore the Official Receiver is liable for the costs reserved by Deputy Judge Peard; the appropriate scale is common fund basis rather than indemnity, and the costs of the three sets of proceedings reserved and of the hearing were ordered to be borne by the Official Receiver and paid to the 1st Defendant.

Hong Kong Case Law

RE LIM OON KUIN

ROBERT SCOTT WOODS, THE TRUSTEE-IN-BANKRUPTCY OF PHILLIP JAMES KINGSTON v. INDUSTRIAL AND COMMERCIAL BANK OF CHINA (ASIA) LTD

RE TSANG WING LAM

CHAN KENG TAI v. THE REGISTRAR OF COMPANIES

THE BEIJING TRUST INVESTMENT CORPORATION OF THE PEOPLE\'S CONSTRUCTION BANK OF CHINA AND OTHERS v. HO YING CHEONG AND OTHERS

IMAGE TECHNOLOGY (HONG KONG) LTD AND OTHERS v. HO YING CHEONG AND OTHERS