RE WANG LIANGPING

HCB 8393/2020

[2025] HKCFI 6164

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 8393 OF 2020

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J U D G M E N T

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Introduction

1.  This is the substantive hearing of the summons dated 28 April 2025 (“the Summons”) for a non-commencement order against Madam Wang (“NCO”) pursuant to sections 30AB and 30 AC of the Bankruptcy Ordinance, Cap 6 (“BO”) or alternatively a suspension order (“SO”) pursuant to section 30A of the BO.

2.  Madam Wang was adjudicated bankrupt by an order made by Master J Wong on 26 May 2021 and the Official Receiver (“the OR”) was appointed to be the provisional trustee. On 29 June 2021, Mr Chow and Mr Sutton (collectively “the Trustees”) were appointed by the creditors of Madam Wang to be the Joint and Several Trustees of the property and estate of Madam Wang (“the Estate”). The Summons was taken out by the Trustees.

3.  Mr Chow made an affirmation to support their application by the Summons dated 28 April 2025 (“Chow’s Affirmation”).

4.  At the hearing, Madam Wang does not appear. Mr Yeung appears for the Trustees. The OR has indicated their neutral position and asked to be excused by a letter dated 9 September 2025.

5.  Mr Yeung summarises the case of the Trustees as follows:

(1)  A time extension should be granted for the Trustees to apply for an NCO and the NCO should be granted because Madam Wang has been recalcitrant and wholly uncooperative and has failed to provide any assistance to the Trustees in the administration of the Estate. The exceptionally egregious conduct of Madam Wang and the enormous difficulties faced by the Trustees in administering the Estate justify a lengthy time extension for the application for a NCO.

(2)  Alternatively, an SO should be granted so that the discharge of Madam Wang from bankruptcy would be suspended for the maximum period of 4 years. There is no reason why Madam Wang’s rehabilitation should begin when she has completely failed to comply with her statutory obligations to facilitate the Trustees’ administration of the Estate.

Relevant legal principles

6.  The relevant provisions in the BO are as follows:

“Section 30AB

(1) The trustee may apply to the court for a non-commencement order against a bankrupt if -

(a) the trustee has required the bankrupt to -

(i) attend an initial interview on a day appointed by the trustee for the administration of the bankrupt’s estate; and

(ii) provide the trustee at the initial interview with information concerning the bankrupt’s affairs, dealings and property;

(b) the bankrupt -

(i) has failed to attend the initial interview; or

(ii) has attended the initial interview, but failed to provide the trustee at the initial interview with all of the information concerning the bankrupt’s affairs, dealings and property as reasonably required by the trustee; and

(c) the administration of the bankrupt’s estate was prejudiced by the matter referred to in paragraph (b)(i) or (ii).

(2) The trustee may apply for a non-commencement order within -

(a) a period of 6 months after the date of the bankruptcy order against the bankrupt; or

(b) a longer period specified by the court under subsection (3).

(3) The court may, on the trustee’s application (extension application), specify a longer period for the trustee to apply for a non-commencement order.

(4) An extension application must be made within -

(a) the period referred to in subsection (2)(a); or

(b) (if the court has specified a longer period under subsection (3)) that longer period.

Section 30AC

(1) On an application made by the trustee under section 30AB(1), the court may approve the application and make a non‑commencement order against the bankrupt if it -

(a) is satisfied by the trustee as to the matters mentioned in section 30AB(1)(a), (b) and (c); and

(b) is not satisfied by the bankrupt that there is sufficient cause for the order not to be made.”

7.  Section 30A(1) of the BO provides that a bankrupt is discharged from bankruptcy by the expiration of the relevant period depending on whether it is his first bankruptcy. Section 30A(3) provides that where the court is satisfied on the application of the trustee or one of the bankrupt’s creditors that a valid objection based on one or more grounds set out in section 30A(4) has been made, the court may exercise the discretion to order that the relevant period shall cease to run for not more than 4 years if the bankrupt has not previously been adjudged bankrupt.

Discussion

8.  In Chow’s Affirmation, a detailed account of Madam Wang’s persistent failure to attend the initial physical interview as scheduled by the OR and the Trustees and to produce documents concerning her affairs, dealing and property to the Trustees is given. As a matter of fact, Madam Wang has never responded to the bankruptcy proceedings and the requests of the OR and the Trustees. The Trustees have not heard from Madam Wang and are not certain about her current whereabouts.

9.  On the unchallenged evidence of Mr Chow, I am satisfied that Madam Wang is clearly in breach of her statutory duties under the BO to (1) perform all acts and things in relation to her property as reasonably required by the OR and the Trustees; (2) aid to her utmost of her power to realise her property and distribution of proceeds to her creditors, including proactive full and frank disclosures by providing all pertinent information of her assets and financial dealings; and (3) attend interviews with the Trustees at such times and places as the Trustees may appoint for the purpose of investigating her affairs.

10.  On the other hand, I am satisfied by the evidence of Mr Chow that Madam Wang has been aware of the bankruptcy order against her and all the requests for initial physical requests made by the OR and the Trustees. There is no question that sections 30AB (1)(a), (b) and (c) are amply satisfied on the evidence.

11.  The only obstacle is the lateness of this application. It was made very late when the 4-year bankruptcy period had less than one month left.

12.  The Trustees have not given any specific explanation as to why it has taken so long for them to make the present applications in Chow’s Affirmation.

13.  In this regard, Mr Yeung relies heavily on Re Yeung Chun Wai Anthony (Bankrupt) [2025] 1 HKLRD 1114. There, Linda Chan J dealt with a similar application which was six months before the expiry of the 4‑year bankruptcy period. The learned judge referred to Re James Henry Ting [2021] HKCFI 1704. Similarly, the trustees’ application for a NCO was made only 3.5 years after the bankruptcy order was made and so an extension of time under sections 30AB(3) and (4) of the BO. There, Ng J at §71 set out the relevant considerations relating to an application for an extension of time for a NCO application. Such non-exhaustive factors include:

(1)  The bankrupt’s totally uncooperative conduct since the grant of the bankruptcy order;

(2)  The bankrupt has gone to great lengths over the years to conceal his whereabouts and his assets and to obfuscate the trustees’ investigations;

(3)  The almost inevitable inference that the bankrupt’s intent was to sit out the 4-year bankruptcy period after which he would be automatically discharged from his bankruptcy;

(4)  The massive amount of the bankrupt’s indebtedness to the creditors; and

(5)  The obvious importance that the trustees be allowed to continue with their efforts in locating the bankrupt’s assets for distribution to his creditor(s).

14.  With these factors in mind, I scrutinise the evidence of Mr Chow and they are evidently present in this matter.

15.  Madam Wang’s refusal to co-operate with the Trustees aside, there is cogent evidence suggestive of her disposition of certain assets in the Estate to the detriment of her creditors. This is indeed an aggravating factor.

16.  As summarised by Mr Yeung, such dispositions as revealed by the Trustees’ investigation include:

(1)  Madam Wang surrendered her HSBC annuity policy on 11 May 2021 due to a change of her financial situation. The surrender value was HK$1,763,177.99 was deposited to her BOCHK GBP account on 1 June 2021.

(2)  Between 21 March 2022 and 6 May 2022, Madam Wang transferred from her investment account with Walker Crips an aggregate amount of GBP2,037,660.09 to her UK bank account.

(3)  Multiple payments of sizable amounts from the bank accounts of Madam Wang with BOCUK, HSBC UK and Barclays UK were made to third parties, predominantly her family members. Such payments are set out in the following table in Chow’s Affirmation (under §82).

Madam Wang's UK Accounts	Withdrawals Post-HK Bankruptcy Order
BOCUK GBP Account (GBP Current Account 100200100910969)	107 withdrawals between 7 June 2021 and 19 July 2022 for GBP2,130,818.77, including multiple payments to her family members as recipients: •  Mr Chu: the GBP1,920,000 Remittance (transaction ref: 83) •  Ms Chu: 3 payments totaling GBP159,000 (transaction refs: 1, 4-5) •  Mr Sun: 6 payments totaling GBP14,100 (transaction refs: 9, 11, 60, 72, 80, 82)
BOCUK (HKD Current Account 100200100910970)	1 withdrawal with herself as recipient on 7 June 2021 of HKD1,762,177.99
Barclays UK (GBP Current Account 202538 50669962)	43 withdrawals between 26 May 2021 and 18 August 2022 for GBP50,830.54, including multiple payments to her family members and herself as recipients: •  Mr Sun: 14 payments totaling GBP26,110 •  Ms Chu: 1 payment of GBP2,000 •  Madam Wang: 2 payments totaling GBP2,300
HSBC UK (GBP Current Account 51847198)	5 withdrawals between 27 May 2021 and 4 June 2021 for GBP11,784.79, including GBP6,000 payment to Ms Chu and GBP1,350 payments to Madam Wang.
HSBC UK (GBP Savings Account 71847376)	1 withdrawal on 4 June 2021 of GBP10.47
Total withdrawals:	GBP2,193,444.57 and HKD1,762,177.99
Payments to Madam Wang and her family members:	GBP2,130,860 (97.15%) and HKD1,762,177.99 (100%)

17.  On the other hand, according to Mr Chow, the total indebtedness of Madam Wang is HK$533,969,641.93 and there has been only limited recovery of HK$1,418,014.61, representing merely 0.27%. The net asset deficiency of Madam Wang stands at HK$532,551,627.32 as of 31 March 2025. The outstanding indebtedness of Madam Wang is huge.

18.  From the evidence of Mr Chow, I am convinced that the Trustees have had an enormous task and they have expended significant resources and costs to conduct independent investigations. They have had no assistance from Madam Wang. It is a reasonable inference from Madam Wang’s non-responses and non-cooperation throughout these years that she merely wants to sit out the bankruptcy period.

19.  I am aware that the Summons was taken out a few months later than those summonses in Re Yeung Chun Wai Anthony and Re James Henry Ting. I do not find that the Trustees have taken a dilatory approach in this matter and the delay is not culpable. I agree with Mr Yeung that the conduct of Madam Wang makes a mockery of the bankruptcy regime. It is grossly unfair to her creditors that she is allowed an automatic discharge after the expiry of the bankruptcy period. The Trustees should be given more time to continue their investigations and administer the Estate for the benefit of the creditors of Madam Wang.

20.  In the circumstances, I come to the conclusion that an extension of time should be granted to the Trustees to make the NCO application and the NCO application should be granted.

21.  Mr Yeung has indicated that the NCO is the primary relief that the Trustees are seeking. Thus, there is no need to consider the SO application in light of my conclusion.

Disposition and Orders

22.  For the reasons given, I accede to the application of the Trustees for the requisite extension of time and the NCO against Madam Wang. I make an order in terms of §§1-4 of the Summons.

23.  The Trustees further ask for ancillary relief for the purpose of their application. I have perused §§6-8 of the Summons and I am satisfied that the ancillary relief sought is necessary and appropriate. I make an order in terms of these paragraphs as well.

24.  The Trustees have prepared a statement of costs and ask for costs to be summarily assessed by this court. I agree that costs should follow the event and having taken a broad brush approach, I assess the costs to be paid out of the Estate at HK$500,000 (counsel fee of HK$115,500 allowed in full). Such costs should be reimbursed by Madam Wang after all her unsecured creditors have been fully repaid or upon her discharge from bankruptcy, whichever is earlier.

25.  Lastly, I thank Mr Yeung for his thorough and helpful submissions.