MA CHI HO AND ANOTHER v. LION TRUST (HONG KONG) LTD

HCMP 3051/2015

MISCELLANEOUS PROCEEDINGS NO. 3051 OF 2015

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D E C I S I O N
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1.  I am satisfied on the material before the court that my discretion should be exercised in this case to grant the relief sought so that the plaintiffs may avoid the potential prosecution for the breach of s.122(1A) and s.122(2) of the Companies Ordinance, Cap 32. In particular, I believe that the 3 factors identified in Re Sanliuyidu (HK) Sports Goods Co Ltd [2009] 4 HKLRD 708 have been met and that the infractions here are relatively minor, namely, the financial documents were 10-month old instead of no more than 6 months when they were laid before the shareholders.

2.  Accordingly, I grant the order sought in the originating summons as amended.