Re The Joint and Several Liquidators of Pacific Andes Enterprises (Bvi) Ltd

HCMP 3560/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3560 OF 2016

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AND

HCMP 3561/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3561 OF 2016

____________________

____________________

____________________

AND

HCMP 3562/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3562 OF 2016

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____________________

_________________

AND

HCMP 3563/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 3563 OF 2016

____________________

____________________

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C O R R I G E N D U M

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1.Behind page 8, append the Order annexed hereto to the Reasons for Decision.

Appendix

Order

1.  The liquidation of the Company by the order of the Eastern Caribbean Supreme Court in the High Court of Justice, Virgin Islands (the “BVI Court”) made on 18 November 2016 and the appointment of the Liquidators thereunder be recognised by this Honourable Court;

2.  The Liquidators have and may exercise such powers as are available to them as a matter of British Virgin Islands law and would be available to them under the laws of Hong Kong as if they had been appointed liquidators of the Company under the laws of Hong Kong and in particular, but without prejudice to the generality of the foregoing, for the following purposes:

(a)   to request and receive from third parties documents and information concerning the Company and its promotion, formation, business dealings, accounts, assets, liabilities or affairs including the cause of its insolvency;

(b)   to locate, protect, secure and take into their possession and control all assets and property within the jurisdiction of this Honourable Court to which the Company is or appears to be entitled;

(c)   to locate, protect, secure and take into their possession and control the books, papers, and records of the Company including the accountancy and statutory records within the jurisdiction of this Honourable Court and to investigate the assets and affairs of the Company and the circumstances which gave rise to its insolvency;

(d)   to retain and employ barristers, solicitors or attorneys and/or such other agents or professional persons as the Liquidators consider appropriate for the purpose of advising or assisting in the execution of their powers and duties; and

(e)   so far as may be necessary to supplement and to effect the powers set out at sub‑paragraphs (a) to (c) above, to bring legal proceedings and make all such applications to this Honourable Court whether in their own names or in the name of the Company on behalf of and for the benefit of the Company including any applications for:

(i)   orders for disclosure, the production of documents and/or examination of third parties which it is anticipated may be made by the Liquidators to facilitate their investigations into the assets and affairs of the Company and the circumstances which gave rise to its insolvency; and/or

(ii)   ancillary relief such as freezing orders, search and seizure orders in any legal proceedings commenced.

3.   anything that is authorized or required to be done by the Liquidators is to be done by all or anyone or more of the persons appointed;

4.  for so long as the Company remains in liquidation in the British Virgin Islands, no action or proceeding shall be proceeded with or commenced against the Company or its assets or affairs, or their property within the jurisdiction of this Honourable Court, except with leave of this Honourable Court and subject to such terms as this Honourable Court may impose; and

5.  the Liquidators do have liberty to apply; and

6.  the costs of this application be paid out of the assets of the Company as an expense of the liquidation.