RE CHEUNG HING CHIK also known as CHARLES H.C. CHEUNG

CACV 577/2020

[2021] HKCA 1625

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 577 OF 2020

(ON APPEAL FROM HCB NO 1901 OF 2020)

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J U D G M E N T

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Hon Yuen JA (giving the Judgment of the Court):

1.  On 8 July 2021, this court gave a judgment (“the CA Judgment”)  dismissing the appeal of Charles Cheung Hing-chik (“the bankrupt”)  from the judgment of Au-yeung J given on 28 September 2020 (“the CFI Judgment”)  dismissing the bankrupt’s application filed on 14 August 2020 for rescission of a bankruptcy order made on 3 August 2020.

2.1.  On 5 August 2021, the bankrupt filed a notice of motion applying for leave to appeal the CA Judgment to the Court of Final Appeal.

2.2.  Directions were given for written submissions which have been filed and which we have considered.

3.  The bankrupt’s proposed grounds of appeal deal with the adequacy of evidence supporting his proposal to sell his shares in two companies.  These grounds relate to the judge’s decision that he had not adduced sufficient evidence to support his application for rescission of the bankruptcy order, and are case-specific.

4.  As for the bankrupt’s submission that his proposed appeal raises 5 issues of great general and public importance, the 2^nd, 3^rd and 4^th issues are case-specific, and the 1^st and 5^th issues are general questions which were not pertinent to the CA Judgment. In particular regarding the 5^th issue, there was no ground of appeal before this court regarding the impact of the pandemic on any proposed transaction between the bankrupt and the late Mr Lagahit.

5.  For the reasons above, the bankrupt has not satisfied the requirements of s.22(1)(b)  Hong Kong Court of Final Appeal Ordinance Cap.484, and we dismiss the application for leave with costs to the respondent/petitioner.