Re Yaohan Hongkong Corporation Ltd

HCMP 1039/2021

[2021] HKCFI 2813

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1039 OF 2021

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Before: Hon Harris J in Chambers

Date of Hearing: 14 September 2021

Date of Decision: 14 September 2021

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D E C I S I O N

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1.I have before me a notice of originating motion dated 23 July 2021 issued by the previous liquidators of the Company which at one time ran a substantial department store in Hong Kong.

2.The Company went into creditors’ voluntary liquidation in 1998 and was dissolved pursuant to section 248 of the former Companies (Winding Up and Miscellaneous) Ordinance, Cap 32 on 4 July 2003. The liquidators have become aware in circumstances which is not necessary to describe that in an associated liquidation in Macau, a dividend has been paid which is substantial and gives the Company, if restored, the opportunity to receive MOP12 million, which can then be distributed amongst the Company’s creditors.  The notice of origination motion, therefore, seeks a declaration that the dissolution is void and the liquidation of the Company continues as if it had not been dissolved.

3.This, in my view, is an appropriate application to grant.  I will, therefore, make an order in the terms of the notice of originating motion.

Mr Chester Kwan, instructed by Liu, Chan and Lam, for the 1^st to 3^rd applicants (Stephen Liu Yiu Keung, Koo Chi Sum and Lui Yee Lin)

Attendance of the Registrar of Companies was excused

Attendance of the Official Receiver was excused