ANTHONY WONG v. JIAN XIAOFEI

HCA 1140/2019

[2023] HKCFI 606

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 1140 OF 2019

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DECISION

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1.  This is the Plaintiff’s application for an order under section 25A of the High Court Ordinance, Cap 4 (the “HCO”) that a partner of the Plaintiff’s solicitors’ firm be authorised to execute the transfer note in relation to the assets in the futures trading account held in the name of the Defendant with HGNH International Futures Company Limited.

2.  This application is made in furtherance of and to effectuate the transfer order dated 20 September 2022 made against the Defendant (“the Order”).

3.  Reference should be made to the Reasons for Decision dated 22 September 2022 for the circumstances that gave rise to the Order made on the Plaintiff’s application for default judgment against the Defendant.

4.  As anticipated, the Defendant who is in the Mainland and who did not appear on any of the return dates for the Plaintiff’s injunction applications nor file any defence to the Plaintiff’s claims has failed to comply with the transfer order made against him on 20 September 2022 despite having been notified of the judgment by letter by ordinary post.

5.  In that letter, the Defendant was expressly requested to act in accordance with the judgment, sign the copies of “Notice of Withdrawal and Transfer of Client’s Account” enclosed and return them duly signed, failing which an application would be made to the Court for a compulsory transfer of assets held in the Defendant’s account.

6.  Despite such request, the Defendant has not complied with the transfer order nor has he responded to the Plaintiff.

7.  While proceedings under section 25A should, in principle, be inter partes, the court may proceed in his absence if in the circumstances it is expedient to do so: RHC O 32, r 5 (1).

8.  In Chen Yung Ngai and Chan Mei Mei v Ho Yuk Wah David (a bankrupt) & Others [2021] HKCFI 1113, Au-Yeung J made an order similar to the order the Plaintiff now seeks.

9.  As noted by the Registrar, the universal practice nowadays is for the Court to appoint a partner of the plaintiff’s solicitors to carry out the necessary execution of conveyance rather than the Registrar unless there are special or exceptional circumstances: see Kwok Lai Kwan Rosena v Kwok Biu & Another [2023] HKCFI 17 at §§2-3.

10.  I therefore grant an order in terms of the draft order attached to the Plaintiff’s submissions.