MA CHI HO AND ANOTHER v. LION TRUST (HONG KONG) LTD

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 sothat 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 nomore 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