(品高饰品制造厂有限公司).docVIP

HCCW321/2006 HCCW322/2006 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 321 OF 2006 ___________________ IN THE MATTER of PINE GROWTH MANUFACTURING COMPANY LIMITED (品高飾品製造廠有限公司) and IN THE MATTER of Section 168A and Section 177(1)(f) of the Companies Ordinance Cap. 32 of the Laws of Hong Kong ____________________ BETWEEN DAVID KONG (康大為) Petitioner and PINE GROWTH MANUFACTURING COMPANY LIMITED (品高飾品製造廠有限公司) 1st Respondent DONG FUNG HOLDINGS LIMITED 2nd Respondent CHAN KIN 3rd Respondent ____________________ HCCW322/2006 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE COMPANIES (WINDING-UP) NO. 322 OF 2006 ____________________ IN THE MATTER of PINE GROWTH MANUFACTURING COMPANY LIMITED (品高飾品製造廠有限公司) and IN THE MATTER of Section 168A and Section 177(1)(f) of the Companies Ordinance Cap. 32 of the Laws of Hong Kong ____________________ Before: Hon. Barma J in Chambers (Open to public) Date of Hearing: 12 September 2008 Date of Decision: 12 September 2008 ____________________ D E C I S I O N ____________________ 1. This application arises in the context of two petitions which were presented by Mr David Kong, the petitioner, on 24 June 2006 in respect of two companies in which he is a shareholder. The companies are Pine Growth Manufacturing Company Limited which is the 1st respondent in HCCW321 of 2006 and Pine Development Limited which is the 1st?respondent in HCCW322 of 2006. 2. Mr Kong holds 30 per cent of the issued shares of Pine Growth and 33 per cent of the issued shares of Pine Development. The other shareholders in the two companies are members of the Chan family. In the case of Pine Growth, 70 per cent of its shares are beneficially owned by Mr?Chan Kin who I am told is the patriarch of the Chan family. In Pine Development, the remaining 67 per cent of the shareholding is owned by Mr Charles Chan. 3. The direct