RE G & G HONG KONG LTD

HCCW 817/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 817 OF 2004

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J U D G M E N T

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1.  This is a petition presented against G & G Hong Kong Limited (“the Company”) by a former employee Cheng Kwok Lam.  The petitioning debt was based on a Labour Tribunal award in the sum of HK$192,322.40 made on 29 April 2004.  A demand for the debt was served on the Company on 8 June 2004.  The petition herein was presented on 28 July 2004.  After the presentation of the petition, the Company applied to set aside the award of the Labour Tribunal.  As a result, this petition was adjourned on two occasions in October 2004. 

2.  At the last hearing before me on 6 December 2004, I was given to understand by the Director of Legal Aid that the Labour Tribunal award has been reduced on review to HK$54,000.00.  I adjourned the petition for a week to give further time to the Company to pay up and it was made very clear to the Company on the last occasion that if no payment is made of the Labour Tribunal award as reduced, it is likely that the court would accede to the petitioner’s request to wind up the Company. 

3.  At the hearing today, nobody for the Company has appeared.  I understand that the reduced award of the Labour Tribunal has not been paid.  In the circumstances, I order the Company to be wound up.  The petitioner’s costs are to be paid out of the Company’s assets.