CHAN HOK CHING v. ASSOCIATION OF CHINA TREND STUDIES (HK)
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HCMP 1190/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 1190 OF 2015
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| IN THE MATTER OF ASSOCIATION OF CHINA TREND STUDIES (HK) (中國國 情研習促進會 (香港)) | |
| and | |
| IN THE MATTER OF SECTIONS 429(1), 431(1) AND 610(7) OF THE COMPANIES ORDINANCE, CAP. 622 |
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| BETWEEN | ||
| CHAN HOK CHING (陳學貞) | Applicant | |
| and | ||
| ASSOCIATION OF CHINA TREND STUDIES (HK) | Respondent | |
| (中國國情研習促進會(香港)) |
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| Before: Hon Anthony Chan J in Chambers |
| Date of Hearing: 8 October 2015 |
| Date of Decision: 8 October 2015 |
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D E C I S I O N
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1. I am satisfied on the evidence before me that the extension of time for holding an AGM of the respondent for the year 2014 should be granted.
2. The default in question arose out of a misunderstanding of the provisions of the new Companies Ordinance, Cap 622 by the directors. There was in fact a purported AGM for 2014 held on 29 January 2015. It is ineffective due to the misunderstanding of the law.
3. There is little doubt that the requirements for granting the relief sought (see Little Star Brands Group Ltd v Best Kids International Ltd, unrep, HCMP 1577/2014, 23 September 2014, §9) have been met.
4. I therefore grant the order sought in para 29 of the applicant’s skeleton submissions dated 29 September 2015.
| (Anthony Chan) Judge of the Court of First Instance High Court |
Ms C Cheng of Liu Chan & Lam, for the applicant
The respondent was not represented and did not appear