CHAN HOK CHING v. ASSOCIATION OF CHINA TREND STUDIES (HK)

HCMP 1190/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1190 OF 2015

___________________

__________________

__________________

________________

D E C I S I O N

________________

1.  I am satisfied on the evidence before me that the extension of time for holding an AGM of the respondent for the year 2014 should be granted.

2.  The default in question arose out of a misunderstanding of the provisions of the new Companies Ordinance, Cap 622 by the directors.  There was in fact a purported AGM for 2014 held on 29 January 2015.  It is ineffective due to the misunderstanding of the law.

3.  There is little doubt that the requirements for granting the relief sought (see Little Star Brands Group Ltd v Best Kids International Ltd, unrep, HCMP 1577/2014, 23 September 2014, §9) have been met.

4.  I therefore grant the order sought in para 29 of the applicant’s skeleton submissions dated 29 September 2015.