BGA HOLDINGS LTD (IN LIQUIDATION) (FORMERLY KNOWN AS BEIBU GULF OCEAN SHIPPING (GROUP) LTD ) AND OTHERS V. CHU KONG AND OTHERS

[2025] HKCA 807 Court of Appeal 3 September 2025 • CACV546/2024 • 40 min read

20 cases cited (0 HK, 20 foreign)

Outcome

Appeal allowed

The appeal is allowed, and the order below is set aside.

Source: [2025] HKCA 807, Court of Appeal, decided 3 September 2025. Read directly from the judgment.

Case Significance

BGA Holdings Ltd (in liquidation) (formerly known as Beibu Gulf Ocean Shipping (Group) Ltd) and Others v Chu Kong and Others [2025] HKCA 807 was an appeal before the Court of Appeal concerning limitation issues under the Limitation Ordinance, including s 26(1) and the postponement provisions in s 35, s 35(1), s 35(1)(b) and s 35(3), together with the Rules of the High Court. The appeal followed BGA Holdings Ltd (in liquidation) and Others v Chu Kong and Others [2024] HKCFI 2711 in the Court of First Instance. The Court of Appeal held: "The appeal is allowed, and the order below is set aside," reversing the outcome reached at first instance on the limitation questions raised under the Limitation Ordinance.

Summary

La Viet Anh, a Vietnamese national, applied for leave to appeal to the Court of Final Appeal after his non-refoulement appeal was dismissed. The applicant failed to identify errors or questions of public importance. The notice of motion was dismissed.

What did the Court of Appeal decide in BGA Holdings v Chu Kong ([2025] HKCA 807)?

In BGA Holdings Ltd (in liquidation) and Others v Chu Kong and Others [2025] HKCA 807, the Court of Appeal held: "The appeal is allowed, and the order below is set aside," reversing the Court of First Instance ruling on limitation issues under the Limitation Ordinance.

Which limitation provisions were engaged in BGA Holdings v Chu Kong ([2025] HKCA 807)?

BGA Holdings Ltd (in liquidation) and Others v Chu Kong and Others [2025] HKCA 807 engaged s 26(1) and the postponement provisions in s 35, s 35(1), s 35(1)(b) and s 35(3) of the Limitation Ordinance, alongside the Rules of the High Court.

What lower-court decision preceded the Court of Appeal's ruling in BGA Holdings v Chu Kong ([2025] HKCA 807)?

The Court of Appeal's decision in BGA Holdings Ltd (in liquidation) and Others v Chu Kong and Others [2025] HKCA 807 followed the Court of First Instance ruling in the same matter, cited as [2024] HKCFI 2711, whose order was subsequently set aside on appeal.

Statutes Cited

Limitation Ordinance (Cap 347)

s 26(1) s 35 s 35(1) s 35(1)(b) s 35(3)

Rules of the High Court (Cap 4A)

Cases Cited (20)

UK (13)

[1987] AC 189 [1994] 1 WLR 1409 [2011] 1 AC 240 [2013] EWHC 3271 [2017] 1 WLR 2301 [2017] EWCA Civ 272 [2017] EWCA Civ 42 [2020] EWCA Civ 1690 [2021] 1 WLR 2659 [2021] EWHC 914 [2023] EWHC 3015 [2024] EWHC 1208 [2025] 1 WLR 1467

HK (7)

[1997] 1 HKC 61 [2012] 1 HKLRD 738 [2012] 4 HKLRD 474 [2014] 5 HKLRD 614 [2020] 5 HKLRD 712 [2022] 1 HKLRD 1349 [2024] HKCFI 2711