Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waiver of security

  • 15 Apr 2026

    CAPITAL DRAGON CREDIT FINANCE LTD v. FUNG TIM WAH

    Citation
    [2026] HKCFI 1939
    Court
    Court of First Instance
    Case number
    HCB8871/2025

    The debtor failed to demonstrate a bona fide dispute on substantial grounds or to produce evidence that the judgment debt was secured; the judgment in HCA 1631/2024 stands as prima facie proof of indebtedness; the alleged securities related to different loan agreements and the debtor provided no evidence that paintings, antiques or shares secure the judgment debt; the adjournment application was unsupported and unrealistic; accordingly the usual bankruptcy order was properly granted and costs ordered to be paid from the debtor's estate.

  • 31 Oct 2023

    劉照英 對 珀譽珠寶有限公司

    Citation
    [2023] HKCA 1243
    Court
    Court of Appeal
    Case number
    CACV417/2022

    Statutory requirements for the bankruptcy petition were met (debt >= HKD10,000; statutory demand served and not complied with; debtor deemed unable to pay under s6A), the petition was valid notwithstanding the contested valuation of charged shares because petitioner waived the charge if bankruptcy were made, and the debtor failed to adduce evidence to rebut the presumption of inability to pay; therefore the Court of Appeal will not disturb the exercise of discretion to make the bankruptcy order.

  • 16 Mar 1989

    BANQUE NATIONALE DE PARIS v. R.C. CHEN (ALSO KNOW AS REN CHING CHEN) AND ANOTHER

    Citation
    BANQUE NATIONALE DE PARIS v. R.C. CHEN (ALSO KNOW AS REN CHING CHEN) AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCAP659/1983

    The appeal was allowed and the Probate Registrar's requirement for a Surety's Guarantee was waived because the applicants demonstrated that the trust properties are adequately protected: vesting assents had been executed for beneficiary properties; Tong properties are subject to statutory managerial controls and require multiple managers and District Officer involvement preventing unilateral disposal; and certain properties are held by the applicants as personal representatives of another deceased (Tang Lim Ming), making additional court security unnecessary. Therefore no protective surety wa…