The Joint & Several Liquidators of Kong Wah Holdings Ltd (in Compulsory Liquidation) v. [Respondents]

HCCW 49/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 49 OF 2000

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BETWEEN

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AND

HCCW 50/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 50 OF 2000

______________________

______________________

BETWEEN

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(Heard together)

Before : Hon Kwan J in Chambers (not open to public)

Date of Hearing : 24 February 2006

Date of Decision : 24 February 2006

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D E C I S I O N

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1.There are two summonses issued by the liquidators of Akai Holdings Limited (“Akai”) and Kong Wah Holdings Limited (“Kong Wah”) (collectively “the Companies”) under section 221 of the Companies Ordinance, Cap. 32 against [examinee].

2.The liquidators seek an order that [examinee] be examined orally before a Master of the High Court, concerning the affairs and/or dealings of the Companies and that he is to deliver and produce to the liquidators all books and documents in his possession, custody or control relating to the Companies, their associates and/or subsidiaries.

3.I understand from Mr Dobby that the liquidators have recently contacted [examinee] who is willing to assist the liquidators by attending an interview on a voluntary basis.  Nevertheless, Mr Dobby has asked the court to make an order in terms of the summons just in case [examinee] should later prove difficult or uncooperative.

4.No supporting affidavit has been filed in respect of these applications but the liquidators’ solicitors have written to [examinee] on 14 February 2006 stating why they would like to interview him concerning the affairs of the Companies.

5.I am satisfied in view of the important positions held by [examinee] within the Akai Group of companies, he should be in a position to give meaningful assistance to the liquidators in their investigations and reconstituting the Companies’ knowledge.

6.I therefore make an order in terms of each of the summonses:

(1)	The respondent do be examined, on oath, before a Master of the High Court concerning the affairs and/or dealings of the company in question.
(2)	The respondent do deliver and produce to the applicants any and all books, records, documents, correspondence and/or papers in his possession, custody and/or control relating to the company in question, its associates and/or subsidiaries whether in printed or documentary form or any other form including computer generated records and information inscribed on, stored in or otherwise fixed in a tangible medium or that is stored in an electronic or other medium that is retrievable in a perceivable form in particular computer hard disc drive, floppy disc, compact disc or zip storage device.
(3)	There be liberty to apply.
(4)	The applicants’ costs of this application are to be paid out of the assets of the company in question.  Save as aforesaid there be no order as to costs.

Mr Chris Dobby, of Messrs Johnson, Stokes & Master, for the Joint and Several Liquidators

[Respondent]