Chan Hok Ching v. Association of China Trend Studies (HK)

Read the full judgment text of HCMP 1190/2015 on BabelCite. This High Court CFI judgment was delivered on 8 October 2015.

1. I am satisfied on the evidence before me that the extension of time for holding an AGM of the respondent for the year 2014 should be granted.

Cites 1 case

Case No.HCMP 1190/2015
Court
High Court CFI
Date08 Oct 2015
Judge
Case Document
100%Judiciary

HCMP 1190/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1190 OF 2015

___________________

  IN THE MATTER OF
ASSOCIATION OF CHINA
TREND STUDIES (HK) (中國國
情研習促進會 (香港))
  and
  IN THE MATTER OF
SECTIONS 429(1), 431(1) AND
610(7) OF THE COMPANIES
ORDINANCE, CAP. 622

__________________

BETWEEN    
  CHAN HOK CHING (陳學貞) Applicant
  and  
  ASSOCIATION OF CHINA TREND STUDIES (HK) Respondent
  (中國國情研習促進會(香港))  

__________________

Before: Hon Anthony Chan J in Chambers
Date of Hearing: 8 October 2015
Date of Decision: 8 October 2015

________________

D E C I S I O N

________________

1.I am satisfied on the evidence before me that the extension of time for holding an AGM of the respondent for the year 2014 should be granted.

2.The default in question arose out of a misunderstanding of the provisions of the new Companies Ordinance, Cap 622 by the directors.  There was in fact a purported AGM for 2014 held on 29 January 2015.  It is ineffective due to the misunderstanding of the law.

3.There is little doubt that the requirements for granting the relief sought (see Little Star Brands Group Ltd v Best Kids International Ltd, unrep, HCMP 1577/2014, 23 September 2014, §9) have been met.

4.I therefore grant the order sought in para 29 of the applicant’s skeleton submissions dated 29 September 2015.

(Anthony Chan)
Judge of the Court of First Instance
High Court

Ms C Cheng of Liu Chan & Lam, for the applicant

The respondent was not represented and did not appear