RE A ONE INVESTMENT CO LTD

HCMP1518/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1518 OF 2013

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J U D G M E N T

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1.  This is the application of A One Investment Company Limited (“Company”) by way of Originating Summons dated 19 June 2013 (“Originating Summons”) for an order, inter alia, that the unclaimed securities and moneys (“Unclaimed Securities and Moneys”) as particularized in the Schedule to the Originating Summons be paid into court pursuant to section 62 of the Trustee Ordinance, Cap 29 and order 92 of the Rules of the High Court.

2.  The Company was incorporated in 1992 and carried on business as a stock brokerage company.

3.  Prior to its incorporation, Madam Lee Koh Guat Keow Nancy Angela, one of the Company’s current directors and shareholders, carried on the stock brokerage business under the trade name of “A One Investment Company” (“A One Company”) since around 1973.  After the Company was incorporated, most of the customers of A One Company transferred their securities and moneys in A One Company’s accounts to new accounts with the Company.  However, 6 of them did not.  Whilst their respective securities and moneys had been transferred from A One Company to the Company, the documents relating to those customers can no longer be found (“Out of Contract Customers”).

4.  The Company ceased its business on 20 May 2013 (“Date of Cessation of Business”) and intends to commence a members’ voluntary winding up of the Company as soon as practicable.  However, as at the Date of Cessation of Business, certain customers of the Company (including the Out of Contract Customers) have not claimed their securities and moneys (i.e. the Unclaimed Securities and Moneys) held by the Company on their behalf (collectively the “Non-Responsive Customers”).  The details of the Non-Responsive Customers have been set out in the Affirmation of Lee Alysia Ann dated 19 June 2013, paras 20 to 24.

5.  I am satisfied that reasonable efforts have been made to contact the Non-Responsive Customers by the Company and its solicitors, but to no avail. 

6.  A proper case has been made out for the relief sought in the Originating Summons and I make an order in terms of paras (1) to (4) thereof.