MA CHI HO AND ANOTHER v. LION TRUST (HONG KONG) LTD
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HCMP 3051/2015
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 3051 OF 2015
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| IN THE MATTER OF LION TRUST (HONG KONG) LIMITED | |
| and | |
| IN THE MATTER OF Section 122 (1B) of the predecessor Companies Ordinance, Cap 32 |
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| BETWEEN | ||
| MA CHI HO | 1st Plaintiff | |
| IP WING KIU, WENDY | 2nd Plaintiff | |
| and | ||
| LION TRUST (HONG KONG) LIMITED | Defendant |
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| Before: Hon Anthony Chan J in Chambers |
| Date of Hearing: 25 February 2016 |
| Date of Decision: 25 February 2016 |
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D E C I S I O N
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1. I am satisfied on the material before the court that my discretion should be exercised in this case to grant the relief sought so that the plaintiffs may avoid the potential prosecution for the breach of s.122(1A) and s.122(2) of the Companies Ordinance, Cap 32. In particular, I believe that the 3 factors identified in Re Sanliuyidu (HK) Sports Goods Co Ltd [2009] 4 HKLRD 708 have been met and that the infractions here are relatively minor, namely, the financial documents were 10-month old instead of no more than 6 months when they were laid before the shareholders.
2. Accordingly, I grant the order sought in the originating summons as amended.
| (Anthony Chan) | |
| Judge of the Court of First Instance | |
| High Court |
Mr Henry Fung, instructed by Wong and Partners, for the 1st and 2nd plaintiffs
The defendant was not represented and did not appear