RE TANG KAM CHEUNG

HCB 8943/2025

[2026] HKCFI 1675

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 8943 OF 2025

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D E C I S I O N

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1.  On 20 November 2025, the Secretary for Justice (the “Petitioner”) took out the bankruptcy petition herein against Mr Tang Kam Cheung (the “Debtor”). The petitioning debt arose from the unpaid costs order against the Debtor in HCA 2670/2018 and CACV 398/2019.

2.  On 9 February 2026, Harris J made the usual bankruptcy order against the Debtor (see[2026] HKCFI 1547).

3.  The Debtor took out a summons on 26 February 2026. According to his supporting affirmation dated 26 February 2026 (see para 15), it appears that the Debtor intends to seek leave to appeal the bankruptcy order made by Harris J.

4.  The Debtor’s application is misconceived.

5.  Section 98(2) of the Bankruptcy Ordinance provides that:-

“Every order of the court or the Registrar shall be subject to appeal to the Court of Appeal. The notice of appeal shall be served within the time for appealing against an order made in the matter of any bankruptcy as specified in Order 59, rule 4(1)(b) of the Rules of the High Court (Cap. 4 sub. leg. A)”

6.  In Re Lee Siu Fung Siegfried (No 2) [2018] 3 HKLRD 765 at para 17, G Lam J (as G Lam JA then was) pointed out that:-

“The language of Order 59 r 4(1)(a) (“in the case where leave to appeal to the Court of Appeal is required under section 14AA (not being a case to which sub‑paragraph (b) applies)”) draws a distinction with cases falling within r 4(1)(b), and also suggests in my view that an appeal from a judgment or order in the matter of a bankruptcy does not require leave ...”  (emphasis added)

7.  In the premises, it is clear that it is unnecessary for the Debtor to obtain leave in order to appeal the bankruptcy order made by Harris J.

8.  I dismiss the Debtor’s summons dated 26 February 2026 with costs.

9.  The Petitioner’s costs are summarily assessed at HK$15,000.

10.  I thank Mr Hayson Yuen (who represented the Petitioner) for his assistance.

Mr Hayson Yuen, instructed by Department of Justice, for the Petitioner

Tang Kam Cheung (鄧錦祥), the Debtor, in person, Present

Official Receiver's Office was absent

HCB 8943/2025

[2026] HKCFI 1547

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 8943 OF 2025

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J U D G M E N T

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1.  I have before me a bankruptcy petition dated 20 November 2025 issued by the Secretary for Justice. The debt relied on as founding the petition arises from an unpaid costs orders.

2.  The first order was in HCA 2670/2018 and one additional cost order made in CACV 398/2019 which was an appeal from HCA 2670/2018. Leave was unsuccessfully sought to appeal the Court of Appeal’s decision. There is, therefore, no prospect of any of these costs orders being overturned.

3.  Mr Tang appeared in person. He contested the petition to the extent that I could understand his reasons, they were that he has another action which he is pursuing, I assume, seeking essentially similar relief to that sought in HCA 2670/2018 and it would be unfair in the circumstances to make a bankruptcy order.

4.  Plainly, this is not a basis for delaying payment of the debt as Mr Tang is not offering to pay any of the costs and I understood him as suggesting he was not in a position to do so. I will make the normal bankruptcy order.

Mr Hayson Yuen, of the Department of Justice, for the Petitioner

The Debtor appeared in person

Ms R Leung, of the Official Receiver’s Office, for the Official Receiver