Re Choy Bing Wing

HCB 12343/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 12343 OF 2009

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D E C I S I O N

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1.This is an appeal by the judgment debtor (Mr Choy Bing Wing (“JD”)) against the order made by Master K Lo on 2 August 2013 (“Order”) giving directions to adjourn for argument the hearing of the judgment creditor’s (Director of Housing Department of the Government of the HKSAR (“JC”)) application for a charging order (“Application”).

2.The Application arose from the failure of the JD to satisfy any part of the three costs orders which have been made against him in these bankruptcy proceedings on 24 December 2009, 1 February 2010 and 24 February 2010. 

3.It is contended in the written submissions advanced by the JD that the Application is legally flawed.  In his oral submission, the JD has emphasized that Order 50 of the Rules of the High Court cannot be invoked in bankruptcy proceedings.  However, as pointed out by Ms Cheng who appeared for the JC, Master Lo has not made any decision on the merits of the JD’s case.  The Order is administrative in nature and it provides for the proper conduct of the substantive hearing during which the JD’s case, including any jurisdictional challenge, will be fully ventilated. 

4.I regret to say that there is no merit in this appeal and it is dismissed with costs to the JC which are summarily assessed at HK$17,678.

Please refer to HCMP50/2014 for the relevant appeal(s) to the Court of Appeal.