Cheuk Wing Cheung v. Wong Tai Sin Yuen Ching Kowk

HCMP 1331/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1331 OF 2014

___________________

BETWEEN

___________________

________________

J U D G M E N T

________________

1.These matters came before this court on 27 May 2014 (“Hearing”).  They were not resolved on that occasion because of a technical error – see Judgment in HCMP 3418/2013 dated 27 May 2014 (“Judgment”), para 7.

2.In this fresh application, the applicant, who is the Chairman of the Board of Directors of the respondent, seeks to rectify the non-compliances in respect of the holding of AGM by the respondent in the years 2011 to 2013. 

3.But for the technical issue, I was prepared to grant the relief sought at the Hearing to allow the rectification of the above non-compliances for the reasons stated in the Judgment. The technical issue has been resolved.  There is no material change of circumstances, save that the relevant statutory provisions, s 111 of the Companies Ordinance (as it was then called), Cap 32, have now been replaced by s 610 of the Companies Ordinance, Cap 622. 

4.However, I am satisfied that there is no change to the applicable principles and I grant the relief as per the draft order before me as amended.

Ms Mabel Y S Tsui, instructed by John W Wong & Co, for the applicant