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HCB 8147/2025
[2026] HKCFI 959
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO 8147 OF 2025
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| RE: |
CHAN WING CHIN (陳榮展) |
Debtor |
| EX-PARTE: |
THE HONGKONG AND SHANGHAI BANKING CORPORATION LIMITED |
Petitioner |
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| Before: |
Deputy High Court Judge Alan Kwong in Open Court |
| Date of Hearing: |
26 January 2026 |
| Date of Reasons for Judgment: |
13 February 2026 |
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REASONS FOR JUDGMENT
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1. By petition dated 23 October 2025, the Hongkong and Shanghai Banking Corporation Ltd (the “Petitioner”) seeks to bankrupt Mr Chan Wing Chin (the “Debtor”).
2. The petitioning debt is an outstanding indebtedness of HK$38,335,287.48 based on the guarantees executed on 17 June 2019 and 10 August 2020 (the “Guarantees”).
3. It is not in dispute that the Debtor signed and executed the Guarantees.
4. However, in his affirmation in opposition dated 17 December 2025, the Debtor alleged that due to his limited abilities in understanding English, he could not understand the terms and effect of the Guarantees.
5. The Debtor’s allegations could not constitute a bona fide dispute on substantial grounds. It is trite that a person of full age and capacity is normally bound by his signature to a document, and the law does not assist a person who carelessly puts his signature on a document: see Ming Shiu Chung & Others v Ming Shiu Sum & Others (2006) 9 HKCFAR 334 at paras 84 to 86.
6. The Debtor has failed to put forward a concrete repayment proposal.
7. In the premises, the court has no alternative but to grant the usual bankruptcy order against the Debtor.
8. The costs of the Petitioner in these proceedings (which are to be taxed if not agreed) shall be paid out of the estate of the Debtor.
9. I thank Ms Valerie Kwok (counsel for the Petitioner) for her assistance.
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(Alan Kwong)
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Deputy High Court Judge |
Ms Valerie Kwok, instructed by M/s Eversheds Sutherland for the Petitioner
Chan Wing Chin (陳榮展), Debtor, in person, Present
Mr Jacky Chan, of Official Receiver’s Office, for the Official Receiver
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