Joe Zhixiong Zhou v Saif Partners Ii L.p. And Another

CourtCourt of Appeal (Hong Kong)
Judgment Date23 Apr 2021
Neutral Citation[2021] HKCA 574
subjectMatterMiscellaneous Proceedings
Judgement NumberCAMP231/2020
CAMP231/2020 JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P. AND ANOTHER

CAMP 231/2020 & CACV 625/2020

[2021] HKCA 574

CAMP 231/2020

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

MISCELLANEOUS PROCEEDINGS NO. 231 OF 2020

(ON AN INTENDED APPEAL FROM HCCL NO. 16 OF 2016)

________________________

BETWEEN
JOE ZHIXIONG ZHOU Plaintiff
and
SAIF PARTNERS II L.P. 1 st Defendant
SAIF II GP CAPITAL LIMITED 2 nd Defendant

________________________

CACV 625/2020

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 625 OF 2020

(ON APPEAL FROM HCMP NO. 208 OF 2020)

________________________

IN THE MATTER OF an application by SAIF Partners II L.P. and SAIF II GP Capital Limited against Joe Zhixiong Zhou for Orders of Committal

________________________

BETWEEN
SAIF PARTNERS II L.P. 1 st Plaintiff
SAIF II GP CAPITAL LIMITED 2 nd Plaintiff
and
JOE ZHIXIONG ZHOU Defendant

________________________

Before : Hon Cheung and Chu JJA in Court

Date of Decision : 23 April 2021

________________________

D E C I S I O N

________________________

Hon Cheung JA (giving the Decision of the Court) :

I. Application for leave to appeal and stay

CAMP 231/2020

1.1 On 5 February 2020 Deputy High Court Judge Field (‘Judge Field’) in HCMP 208/2020 granted leave to the defendants to commence contempt proceedings against the plaintiff for non‑compliance of an order for disclosure dated 26 June 2018 (sealed on 28 March 2019) (‘Disclosure Order’) under which the plaintiff is required to provide an account ordered by Judge Field on 14 February 2018 (‘Account Order’). Judge Field on 5 February 2020 also ordered personal service of the Disclosure Order on the plaintiff who lives in the USA be dispensed with (‘the Dispensing Order’). Contempt proceedings have since been commenced against the plaintiff on 10 March 2020.

1.2 On 17 September 2020 Anthony Chan J refused the plaintiff’s application to set aside Judge Field’s orders of 5 February 2020. Anthony Chan J on 20 November 2020 also refused to grant leave to the plaintiff to appeal and stay the proceedings pending appeal. The plaintiff now renews his applications for leave to appeal and stay before us which we will deal with on paper.

CACV 625/2020

1.3 The plaintiff also applies before us for a stay of the contempt proceedings pending the appeal (CACV 625/2020) against another order of Anthony Chan J dated 17 September 2020 by which he refused to set aside his order dated 4 June 2020 where he granted substituted service of the originating summons in HCMP 208/2020 on the...

To continue reading

Request your trial