Re Ng Kwok Ching

HCB 2493/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 2493 OF 2015

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JUDGMENT
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1.The debt in question (“Debt”) is undisputed. The evidence suggests that the debtor is acting unreasonably deliberately by paying a personal cheque to GACL who did not have an operative bank account.

2.This must be considered against the fact that at the last hearing the debtor was informed that the law allows him to pay any of the parties entitled to the costs order in question.  At the latest, upon receipt of the skeleton arguments of the petitioners dated 16 July 2015, the debtor must have known that the purported payment is not accepted.

3.It was not a legal tender, and the debtor has chosen to ignore the alternatives given to him in the letter from the petitioners’ solicitors dated 14 July 2015.

4.The fact today is that the Debt has not been paid.  The petitioners are entitled to enforce it with a petition for bankruptcy of the debtor and there is no good reason to allow the debtor yet another opportunity for delay.

5.In these premises, the usual bankruptcy order with costs is made against the debtor.  Such costs should include all costs reserved.

The debtor appeared in person

Mr Alexander Tang, instructed by S Cheng & Yeung, for the petitioners

Mr Maurice Lam, for the Official Receiver