Co. Law

HCMP 1377/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1377 OF 2007

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IN THE MATTER of SHUN TAK HOLDINGS LIMITED（信德集團有限公司）

and

IN THE MATTER of Section 168A of the Companies Ordinance, Chapter 32

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BETWEEN

HO YUEN KI WINNIE 1st Petitioner

MUTUAL STAND LIMITED 2nd Petitioner

and

HO HUNG SUN STANLEY 1st Respondent

HO CHIU KING PANSY CATILINA 2nd Respondent

SO SHU FAI AMBROSE 3rd Respondent

SHUN TAK HOLDINGS LIMITED 4th Respondent

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Before: Hon Kwan J in Chambers

Date of Hearing: 2 September 2009

Date of Handing Down of Decision: 7 October 2009

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D E C I S I O N

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The strike out applications

1. There are three striking out summonses before me, taken out by the 1st to 4th respondents in this petition presented under section 168A of the Companies Ordinance, Cap. 32.

2. The petition was presented on 24 July 2007 by Ho Yuen Ki Winnie (“Winnie Ho”) and Mutual Stand Limited, a company owned entirely by her. She is a sister of Ho Hung Sun Stanley (“Stanley Ho”), the 1st respondent herein.

3. The subject company, Shun Tak Holdings Limited 信德集團有限公司 (“the Company”), is the 4th respondent herein. The Company was incorporated in Hong Kong in 1972 and its shares are listed on the Main Board of The Stock Exchange of Hong Kong Limited. Its main businesses are in property development, transportation, hospitality and investment holding. It is a shareholder of a private company incorporated in Macau known as Sociedade de Turismo e Diversões de Macau, S.A.R.L. 澳門旅遊娛樂股份有限公司 (“STDM”). Prior to 2001, STDM owned a monopoly franchise in Macau to operate casino businesses. Since 2001, STDM has indirectly owned one of three licences granted by the government of Macau to operate casino businesses.

4. At all times, Stanley Ho has held, directly and indirectly, the largest...