The Official Receiver v. Lam Chun Hing

Read the full judgment text of HCMP 263/2020 on BabelCite. This High Court CFI judgment was delivered on 29 October 2020.

1. I am satisfied that this application for extension of time by the Official Receiver to commence proceedings under s. 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32 against the Respondent is properly grounded.

Case No.HCMP 263/2020[2020] HKCFI 2856
Court
High Court CFI
Date29 Oct 2020
Judge
Case Document
100%Judiciary

HCMP 263/2020

[2020] HKCFI 2856

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 263 OF 2020

___________________

 

IN THE MATTER OF KEUNG TAI LOGISTICS LIMITED (IN LIQUIDATION)

 

and

 

IN THE MATTER OF SECTION 168I(2) OF THE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (CHAPTER 32)

__________________

BETWEEN    
  THE OFFICIAL RECEIVER Applicant
  and  
  LAM CHUN HING Respondent

______________________

Before:  Hon Anthony Chan J in Court

Date of Hearing: 29 October 2020

Date of Decision:  29 October 2020

_________________

D E C I S I O N

_________________

1.I am satisfied that this application for extension of time by the Official Receiver to commence proceedings under s. 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32 against the Respondent is properly grounded.

2.This application was occasioned by the General Adjourned Period (GAP) put in place due to the COVID-19 pandemic.  If not for GAP, the s.168H application would have been filed on time.

3.There is clearly public interest involved by reason of the conducts of the Respondent set out in paragraph 8 of the Affirmation of Ms Mabel Kwan filed on 13 March 2020.

4.I am satisfied that there is strength in the case alleged against the Respondent.  I see no real prejudice to the Respondent in granting this application.

5.For these reasons, I grant an extension of time of 1 month from today for commencement of the s.168H proceedings, and I make an order in terms of paragraphs 2 and 3 of the Originating Summons filed on 13 March 2020.

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

Ms Mabel Kwan of the Official Receiver’s Office, for the Applicant

The Respondent was not represented and did not appear