RE MUI KAI MING

HCB 2709/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 2709 OF 2012

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IN THE MATTER OF :	THE BANKRUPTCY ORDINANCE (CAP 6)
RE:	MUI KAI MING (梅啟明) (“the Debtor”)
PETITIONER:	HSBC International Trustee Ltd (in the capacity as the sole executor and trustee named in the Will of Mui Yim Fong dated 3rd December 2003) (also in the capacity as the Trustee of the Karen Trust which is the sole devisee named in the Will of Mui Yim Fong dated 3rd December 2003) (“the Petitioner”)

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Before : Hon Anthony Chan J in Court

Date of Hearing : 17 January 2013

Date of Decision : 17 January 2013

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D E C I S I O N

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1.  There is an application by the Petitioner to lift the stay of proceedings prescribed under the Legal Aid Ordinance, Cap 91 which is consequential upon the application by the Debtor for legal aid. Such an application was made a few days ago on 14 January 2013.

2.  I am quite satisfied that the application should be granted.  The legal aid application by the Debtor on 14 January 2013 is in fact the second application made by him in these proceedings.  The first one was made on 19 July 2012.  It was rejected by the Director of Legal Aid on 7 August 2012 and there has been no appeal against the rejection.  There is nothing before me to show that this second application by the Debtor has any merits or prospects of success. Further, I am satisfied that the timing of the latest application, coupled with the absence of any appeal against the rejection of the first application, demonstrate that this is nothing more than a delaying tactic by the Debtor. Accordingly, I make an order in terms of the Petitioner’s Summons dated 16 January 2013.

(Anthony Chan) Judge of the Court of First Instance High Court

Ms Rachel Lam, instructed by Clifford Chance, for the petitioner

The debtor appeared in person

HCB 2709/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 2709 OF 2012

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IN THE MATTER OF:	THE BANKRUPTCY ORDINANCE (CAP 6)
RE:	MUI KAI MING (梅啟明) (“the Debtor”)
PETITIONER:	HSBC International Trustee Ltd (in the capacity as the sole executor and trustee named in the Will of Mui Yim Fong dated 3rd December 2003) (also in the capacity as the Trustee of the Karen Trust which is the sole devisee named in the Will of Mui Yim Fong dated 3rd December 2003) (“the Petitioner”)

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Before : Hon Anthony Chan J in Court

Date of Hearing : 17 January 2013

Date of Judgment : 17 January 2013

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J U D G M E N T

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1.  This is the substantive hearing of the Amended Petition dated 25 July 2012 by which the Petitioner seeks a bankruptcy order against the Debtor.

2.  It is based upon an unsatisfied costs order made in HCA 1184/2011 under which the Debtor is indebted to the Petitioner in the sum of HK$177,417 (“Debt”).  A statutory demand dated 16 March 2012 was served on the Debtor in respect of the Debt.  It has not been complied with or set aside.

3.  In these circumstances, I am a little surprised that the Amended Petition requires a full hearing because it is not easy to see what answer there is to the Amended Petition.

4.  There are two affirmations filed by the Debtor to seek to answer the Amended Petition.  I regret to say that there is no substance in such material.  The affirmations contain, primarily, gratuitous personal attack by the Debtor on a number of Judges of different levels who had dealt with various proceedings in which the Debtor was involved.  The Debtor has wisely heeded the warning of this court not to abuse this hearing by repeating such attack in court.  Had he chosen to do so, I would not have hesitated to exercise my power to defend the integrity of the court by requesting the Department of Justice to institute contempt proceedings against him.

5.  The Debtor has submitted another affirmation to the court in the course of this hearing.  It is an affirmation of his mother.  There is a suggestion in that document that the mother is willing to assume the responsibility over the payment of the Debt by having it set off against her living expenses which are to be paid out of the estate of Mui Yim Fong.  However, Ms Lam who appears for the Petitioner has told me that there is insufficient cash in the estate to make such payment.  As a consequence, the payment of living expenses to the mother has been suspended.  There was an application last Thursday by the mother to lift the suspension which was unsuccessful.  In the premises, I agree with Ms Lam that the proposal of the mother does not constitute a feasible means to have the Debt paid.

6.  There is no reason at all not to make a bankruptcy order against the Debtor and the usual order is accordingly granted against him.  In addition, I order that any costs of the Petitioner which cannot be recovered from the estate of the bankrupt be paid out of the estate of Mui Yim Fong.

(Anthony Chan) Judge of the Court of First Instance High Court

Ms Rachel Lam, instructed by Clifford Chance, for the petitioner

The debtor appeared in person