Chan, Linda Ching Fan 陳靜芬
Official Receiver vs David Yen Ching Wai & Stephen Liu Yiu Keung
HK Court of First Instance, 3-Feb-2024
The pair, of Ernst & Young Transactions Ltd, are disqualified as directors and liquidators for 7 years for their misconduct and ordered to pay costs of HK$2.1m. Justice Linda Chan overrides the Official Receiver's recommendation of 6 years.
HK Court of First Instance, 3-Feb-2024
The pair, of Ernst & Young Transactions Ltd, are disqualified as directors and liquidators for 7 years for their misconduct and ordered to pay costs of HK$2.1m. Justice Linda Chan overrides the Official Receiver's recommendation of 6 years.
Re liquidation of Gatecoin Ltd
| How one thing leads to another
HK Court of First Instance, 31-Mar-2023
If the name rings a bell, we wrote about Gatecoin and its dubious practices in our article of 22-Nov-2017. The court rules that cryptotokens are "property" capable of being held on trust. Who knew that this was in doubt? Judge Linda Chan Ching Fan even goes so far as to call them "cryptocurrencies" - we wouldn't.
HK Court of First Instance, 31-Mar-2023
If the name rings a bell, we wrote about Gatecoin and its dubious practices in our article of 22-Nov-2017. The court rules that cryptotokens are "property" capable of being held on trust. Who knew that this was in doubt? Judge Linda Chan Ching Fan even goes so far as to call them "cryptocurrencies" - we wouldn't.
Chong Hing Bank Ltd: privatisation by scheme of arrangement sanctioned
HK Court of First Instance, 18-Oct-2021
Citing a "lack of a meaningful response from the SFC", Justice Linda Chan appointed Winston Poon SC and Eva Sit SC as amici curiae (friends of the court) to opine on the meaning of Rule 2.10 of the Takeovers Code. In her judgment, this rule prohibits concert parties from voting at the court meeting, rather than simply requiring that their votes shall not be counted for the purposes of Rule 2.10. This is a different view that taken by Justice Jonathan Harris in the case of Cosmos Machinery Enterprises Ltd, but she regards his view as obiter (non-binding).
HK Court of First Instance, 18-Oct-2021
Citing a "lack of a meaningful response from the SFC", Justice Linda Chan appointed Winston Poon SC and Eva Sit SC as amici curiae (friends of the court) to opine on the meaning of Rule 2.10 of the Takeovers Code. In her judgment, this rule prohibits concert parties from voting at the court meeting, rather than simply requiring that their votes shall not be counted for the purposes of Rule 2.10. This is a different view that taken by Justice Jonathan Harris in the case of Cosmos Machinery Enterprises Ltd, but she regards his view as obiter (non-binding).
SFC obtains DQs against ex-senior execs of Shandong Molong (0568) for faking accounts
| Judgment
SFC, 2-Mar-2021
Justice Linda Chan criticises the SFC for (1) producing 3 alternative sets of admitted facts on the gravity of the wrongdoing before deciding on the most serious one (knowingly causing the earnings inflation); (2) failing to advance any mitigating factors; and (3) producing 10 bundles of documents that were not needed.
SFC, 2-Mar-2021
Justice Linda Chan criticises the SFC for (1) producing 3 alternative sets of admitted facts on the gravity of the wrongdoing before deciding on the most serious one (knowingly causing the earnings inflation); (2) failing to advance any mitigating factors; and (3) producing 10 bundles of documents that were not needed.
HK Judge misreads HK company law
HK Court of First Instance, 9-Oct-2020
Justice Linda Chan rejects the Allied Props (0056) privatisation, partly because of the voting headcount. Neither she nor Senior Counsel William Wong, leading 2 more barristers, realise that the headcount on privatisations was scrapped years ago. She also dislikes that part of the payout was coming from Allied Properties itself, and there would be no such dividend if the scheme was rejected. The offer was at a 66% discount to NAV but was 99% approved as minority shareholders again threw in the towel, which says something about the state of corporate governance in HK.
HK Court of First Instance, 9-Oct-2020
Justice Linda Chan rejects the Allied Props (0056) privatisation, partly because of the voting headcount. Neither she nor Senior Counsel William Wong, leading 2 more barristers, realise that the headcount on privatisations was scrapped years ago. She also dislikes that part of the payout was coming from Allied Properties itself, and there would be no such dividend if the scheme was rejected. The offer was at a 66% discount to NAV but was 99% approved as minority shareholders again threw in the towel, which says something about the state of corporate governance in HK.
Sign up for our free newsletter
Recommend Webb-site to a friend
Copyright & disclaimer, Privacy policy