RE HONG FENG ENGINEERING LTD

HCCW 742/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMPANIES (WINDING-UP) NO. 742 OF 2003

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J U D G M E N T

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1. This is a petition to wind up Hong Feng Engineering Limited ("the Company") presented by its former employee, Mr Wong Ki Sim Samuel. The petitioning debt is based on an award made by the Labour Tribunal in LBTC No. 10707 of 2002 consolidated with LBTC No. 10800 of 2002 and LBTC No. 10890 of 2002. The award, made on 2 December 2002, was by consent. The Company was the 4th defendant in the proceedings.

2. According to paragraph 4 of the order by consent, the Company was ordered to pay to the petitioner HK$24,700 in full and final settlement of the petitioner's claim. Apart from the petitioner, the Company was also ordered to pay to two other employees the aggregate sum of HK$52,800.

3. The petitioner served a demand for his debt on the Company on 16 May 2003 and the petition herein was presented on 9 July 2003. A Notice to Act for the Company was filed by a firm of solicitors on 19 August 2003 but on 23 August 2003, the solicitors wrote to the petitioner's solicitors stating that they have no further instructions to act for the Company.

4. The Company has not appeared today nor has any application been made for leave to be given for a director to represent the Company. No evidence in opposition has been filed by the Company.

5. In the circumstances, as there is no apparent basis for challenging the judgment debt in favour of the petitioner, I make a winding-up order against the Company. I order that the petitioner's costs are to be paid out of the Company's assets.