RE ZULIFQAR ALI

HCB 6146/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO 6146 OF 2011

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D E C I S I O N

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1.  There is before this court a Summons dated 2 July 2014 (“Summons”) issued by Mr Zulifqar Ali (“Bankrupt”) against the Standard Chartered Bank (Hong Kong) Ltd (“Petitioner”).

2.  The background to the bankruptcy proceedings in question can be seen in the judgment of Recorder A Chow SC dated 26 July 2012.  A number of applications had ensued from the bankruptcy order at the initiation of the Bankrupt, the details of which can be seen in the judgments of Mr Justice Ng dated 15 October 2013 and 10 March 2014. 

3.  The Summons is badly misconceived.  It seeks 2 reliefs.  Firstly, an “interim payment” for daily expenses.  Secondly, leave to proceed with certain civil actions in the District Court.

4.  In respect of the former, the appropriate application should be one made to the trustees in bankruptcy (“Trustees”) under s 63 of the Bankruptcy Ordinance, Cap 6 (“Ordinance”).  No such application has been made.  However, the material before this court suggests that the Bankrupt’s estate has no asset from which any allowance can be made.

5.  As regards the latter, plainly any right to proceed with any action in the name of the Bankrupt is now vested in the Trustees (see s 58 of the Ordinance).  If the Bankrupt thinks it right to proceed with such an action, he should apply to the Trustees with the appropriate material to demonstrate the merits of the action.  Again, no such application has been made.

6.  The Bankrupt informed this court that he has not made any application to the Trustees because he does not accept the order which underpins their appointment.  Such a position is entirely unhelpful to whatever predicament which the Bankrupt is in.  In Hong Kong, everyone must conduct himself according to the law.

7.  In these circumstances, this Summons must be dismissed with costs to the Petitioner.