RE TANG KAM CHEUNG

HCB 8943/2025

[2026] HKCFI 1675

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 8943 OF 2025

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D E C I S I O N

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1.  On 20 November 2025, the Secretary for Justice (the “Petitioner”) took out the bankruptcy petition herein against Mr Tang Kam Cheung (the “Debtor”). The petitioning debt arose from the unpaid costs order against the Debtor in HCA 2670/2018 and CACV 398/2019.

2.  On 9 February 2026, Harris J made the usual bankruptcy order against the Debtor (see [2026] HKCFI 1547).

3.  The Debtor took out a summons on 26 February 2026. According to his supporting affirmation dated 26 February 2026 (see para 15), it appears that the Debtor intends to seek leave to appeal the bankruptcy order made by Harris J.

4.  The Debtor’s application is misconceived.

5.  Section 98(2) of the Bankruptcy Ordinance provides that:-

“Every order of the court or the Registrar shall be subject to appeal to the Court of Appeal. The notice of appeal shall be served within the time for appealing against an order made in the matter of any bankruptcy as specified in Order 59, rule 4(1)(b) of the Rules of the High Court (Cap. 4 sub. leg. A)”

6.  In Re Lee Siu Fung Siegfried (No 2) [2018] 3 HKLRD 765 at para 17, G Lam J (as G Lam JA then was) pointed out that:-

“The language of Order 59 r 4(1)(a) (“in the case where leave to appeal to the Court of Appeal is required under section 14AA (not being a case to which sub‑paragraph (b) applies)”) draws a distinction with cases falling within r 4(1)(b), and also suggests in my view that an appeal from a judgment or order in the matter of a bankruptcy does not require leave ...”  (emphasis added)

7.  In the premises, it is clear that it is unnecessary for the Debtor to obtain leave in order to appeal the bankruptcy order made by Harris J.

8.  I dismiss the Debtor’s summons dated 26 February 2026 with costs.

9.  The Petitioner’s costs are summarily assessed at HK$15,000.

10.  I thank Mr Hayson Yuen (who represented the Petitioner) for his assistance.