THE OFFICIAL RECEIVER v. LAM CHUN HING
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HCMP 263/2020
[2020] HKCFI 2856
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 263 OF 2020
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IN THE MATTER OF KEUNG TAI LOGISTICS LIMITED (IN LIQUIDATION) | |
and | |
IN THE MATTER OF SECTION 168I(2) OF THE COMPANIES (WINDING UP AND MISCELLANEOUS PROVISIONS) ORDINANCE (CHAPTER 32) |
__________________
| BETWEEN | ||
| THE OFFICIAL RECEIVER | Applicant | |
| and | ||
| LAM CHUN HING | Respondent |
______________________
Before: Hon Anthony Chan J in Court
Date of Hearing: 29 October 2020
Date of Decision: 29 October 2020
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D E C I S I O N
_________________
1. I am satisfied that this application for extension of time by the Official Receiver to commence proceedings under s. 168H of the Companies (Winding Up and Miscellaneous Provisions) Ordinance, Cap 32 against the Respondent is properly grounded.
2. This application was occasioned by the General Adjourned Period (GAP) put in place due to the COVID-19 pandemic. If not for GAP, the s.168H application would have been filed on time.
3. There is clearly public interest involved by reason of the conducts of the Respondent set out in paragraph 8 of the Affirmation of Ms Mabel Kwan filed on 13 March 2020.
4. I am satisfied that there is strength in the case alleged against the Respondent. I see no real prejudice to the Respondent in granting this application.
5. For these reasons, I grant an extension of time of 1 month from today for commencement of the s.168H proceedings, and I make an order in terms of paragraphs 2 and 3 of the Originating Summons filed on 13 March 2020.
| (Anthony Chan) | |
| Judge of the Court of First Instance | |
| High Court |
Ms Mabel Kwan of the Official Receiver’s Office, for the Applicant
The Respondent was not represented and did not appear