MUI KAI MING (梅啟明) (“the Debtor”)
Ms Rachel Lam
HCB 2709A/2012
HCB 2709/2012
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO. 2709 OF 2012
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Before : Hon Anthony Chan J in Court
Date of Hearing : 17 January 2013
Date of Decision : 17 January 2013
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D E C I S I O N
1. There is an application by the Petitioner to lift the stay of proceedings prescribed under the Legal Aid Ordinance, Cap 91 which is consequential upon the application by the Debtor for legal aid. Such an application was made a few days ago on 14 January 2013.
2. I am quite satisfied that the application should be granted. The legal aid application by the Debtor on 14 January 2013 is in fact the second application made by him in these proceedings. The first one was made on 19 July 2012. It was rejected by the Director of Legal Aid on 7 August 2012 and there has been no appeal against the rejection. There is nothing before me to show that this second application by the Debtor has any merits or prospects of success. Further, I am satisfied that the timing of the latest application, coupled with the absence of any appeal against the rejection of the first application, demonstrate that this is nothing more than a delaying tactic by the Debtor. Accordingly, I make an order in terms of the Petitioner’s Summons dated 16 January 2013.
Ms Rachel Lam, instructed by Clifford Chance, for the petitioner
The debtor appeared in person