Re China Million International Ltd

Read the full judgment text of HCCW 696/2004 on BabelCite. This High Court CFI judgment was delivered on 30 August 2004.

1. This amended petition was presented by the Bank of China (Hong Kong) Limited as the successor of the undertakings of Hua Chiao Commerce Bank Limited.  In the amended petition, the petitioner seeks an order that the registration of China Million International Limited (“the Company”) be reinstated under section 291AB(2) of the Companies Ordinance, Cap. 32 and an order that the Company be wound up after reinstatement.  On 16 August 2004 Reyes J made an order reinstating the Company and adjourned

Case No.HCCW 696/2004
Court
High Court CFI
Date30 Aug 2004
Judge
Case Document
100%Judiciary

HCCW 696/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 696 OF 2004

____________

IN THE MATTER of CHINA MILLION INTERNATIONAL LIMITED

and

IN THE MATTER of the Companies Ordinance, Cap. 32

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Before: Hon Kwan J in Court

Date of Hearing: 30 August 2004

Date of Judgment: 30 August 2004

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J U D G M E N T

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1.This amended petition was presented by the Bank of China (Hong Kong) Limited as the successor of the undertakings of Hua Chiao Commerce Bank Limited.  In the amended petition, the petitioner seeks an order that the registration of China Million International Limited (“the Company”) be reinstated under section 291AB(2) of the Companies Ordinance, Cap. 32 and an order that the Company be wound up after reinstatement.  On 16 August 2004 Reyes J made an order reinstating the Company and adjourned the petition to today to give an opportunity to the Company to oppose the winding up after its reinstatement. 

2.Directions were given for the notice of the order of the reinstatement to be served on the Company at its registered office and the last known addresses of the former directors.  The directions have been complied with.

3.The petition to wind up the Company is founded on a judgment debt of HK$7,578,411.61 in a judgment obtained against the Company in HCA No. 26 of 2004 on 10 February 2004.  A demand for the judgment debt was served on the Company on 23 March 2004. 

4.Up to today, no notice of any opposition has received from the Company.  In the circumstances, I make an order to wind up the Company.  I further order that the petitioner’s costs including the costs reserved on 16 August 2004 are to be paid out of the Company’s assets.

(S Kwan)

Judge of the Court of First Instance

High Court

Representation:

Miss Grace Chow, instructed by Messrs Anthony Chiang & Partners, for the Petitioner

The Company: China Million International Limited, absent

Miss Vivian Yeung, for the Official Receiver