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HCB 7182/2019
[2022] HKCFI 1251
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCY PROCEEDINGS NO 7182 OF 2019
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IN THE MATTER OF the Bankruptcy Ordinance (Chapter 6) |
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and |
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IN THE MATTER OF Lu Yongliang |
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Before: Hon Harris J in Court
Date of Hearing: 25 April 2022
Date of Decision: 25 April 2022
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D E C I S I O N
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1. I have an application by the Trustees in this bankruptcy proceeding for a non-commencement order. The factual foundation for the application is that the bankrupt has not made himself available to attend an interview with the Trustees despite the Trustees explaining that this would be necessary (a letter dated 25 October 2021) a specific request to the bankrupt’s solicitors (a letter dated 15 November 2021) and an express request by the Official Receiver by a letter dated 30 September 2021.
2. The position today is that the bankrupt has opposed the application through counsel. It is entirely unsatisfactory that despite an express request to the bankrupt’s solicitors in the letter dated 15 November 2021, the solicitors’ recollection of whether or not they passed on the request that they inform their client to contact the Trustees is vague.
3. Also, it would appear that although they are in contact with their client they do not know where he is other than that he is not in Hong Kong. The distinct impression I have is that their client is trying to avoid cooperating and I will make the normal non-commencement order.
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(Jonathan Harris)
Judge of the Court of First Instance
High Court |
Ms Iris Lee, of Ronald Tong & Co, for the joint and several trustees
Mr Yan Kwok Wing, instructed by Chan, Wong & Yip, for the Bankrupt
Attendance of the Official Receiver was excused
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