Guo Wengui / Miles Guo — bankruptcy case · EXHIBIT · ECF #1604-6

MISCELLANEOUS PROCEEDINGS (CRIMINAL) NO. 595 OF 2018

ORGANIZED AND SERIOUS CRIMES ORDINANCE, CAP 455

Male KWOK Ho-wan, alias GUO Wengui [Holder of Hong Kong Identity Card No. Hong Kong Passport No.

Male GUO Qiang [Holder of Hong Kong Identity Card No. Hong Kong Passport No.

Case 22-50073 Doc 1604-6 Filed 03/27/23 Entered 03/27/23 14:12:10 Page 3 of 28 Case 22-5007318-Docl2608-6JLFiled:03127123127123114:00:10 of Page10 of 28

Elite Well Global Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1863603]

[A company incorporated in the British Virgin Islands, BVI Company No. 1862561]

Infinitum Developments Limited Respondent 13 ("R13") [A company incorporated in the British Virgin Islands, BVI Company No. 1862564]

Infinite Increase Limited [ A company incorporated in the British Virgin Islands, BVI Company No. 1863589]

Noble Fame Global Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1863591]

Eastern Profit Corporation Limited [A company incorporated in Hong Kong, Company Registration No. 1648534]

Alfa Global Ventures Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1845331]

Respondent 18 ("R18") Ace Decade Holdings Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1828656]

Case 22-5007318-Docl2608-6JLFiled:03127123127123114:age10 of Page10 of Page 5 of 28

Hong Kong International Funds Investments Limited [A company incorporated in Hong Kong, Company Registration No. 1080095]

Anton Development Limited [A company incorporated in Hong Kong, Company Registration No. 2234318]

Bravo Luck Limited A company incorporated in the British Virgin Islands, BVI Company No. 1767862]

China Golden Spring Group (Hong Kong) Limited [A company incorporated in Hong Kong, Company Registration No. 2048511]

Rosy Acme Ventures Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1825025 ]

Leading Shine Limited [A company incorporated in the British Virgin Islands, BVI Company No. 1568037]

Male HAN Chunguang [Holder of Hong Kong Identity Card No. Identity Card No. Two-Way Permit No. No. China Passport No.

Male ZHANG Wei [China Identity Card No. Two-Way Permit No. Case 22:5007.318-Doc2604-6JL Filedc03127123114.20127/23 14:12ge10 of Page 6 of 28

Permit No. RESTRAINT ORDER PROHIBITING DISPOSAL OF ASSETS IN HONG KONG AND ELSEWHERE [S.15 OF THE ORGANIZED AND SERIOUS CRIMES ORDINANCE, Cap. 455]

This Order prohibits you from dealing with your property in Hong (1) Kong Special Administrative Region (Hong Kong') or outside Hong Kong.

The Order is subject to any exceptions, which are set out in the Order. (2) You should read the whole of this document carefully. You are advised to consult a solicitor as soon as possible. You have the right to ask the Court to vary or discharge this Order.

If you disobey this Order, you may be found guilty of Contempt of (3) Court and you may be sent to prison or fined or your property may be seized. It is a criminal offence if you deal with property, which is subject to a restraint order. BEFORE THE HONOURABLE MR. JUSTICE LI IN CHAMBERS (NOT OPEN TO PUBLIC)

An application was made on the 18th day of October, 2018 by Assistant Director of Public Prosecutions for the Secretary for Justice, to the Judge who has read the draft order, and the affirmation listed in Schedule 1 and accepted the undertakings of the Secretary for Justice in Schedule 2 at the end of this Order. After hearing the application, the Judge made the following Order :-

The Respondents whether by themselves, their servants, agents, 1. attorneys, or otherwise, must not :-

> (a) remove from Hong Kong any of their property which is located in Hong Kong, whether in their own names or not, and whether solely or jointly owned,

(b) in any way dispose of, or deal with, or diminish the value of any of their property, which is located within Hong Kong or outside Hong Kong, whether in their own names or not, and whether solely or jointly owned.

2. For the purpose of this Order, the Respondents' property includes any property which they have the power, directly or indirectly, to dispose of or deal with as if they are their own. The Respondents are to be regarded as having such power if a third party holds or controls the property in accordance with their direct or indirect instructions.

3. Without prejudice to the generality of the foregoing, this prohibition includes the following property in particular :

(i) Chose in action represented by credit balances held in the following bank accounts held by R1:

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following bank account held by R3 but subject to the effective control of R1:

S/N Name of Institution Account Number Balance

(ii) Cash in the following amounts seized from the below premises in the presence of R3 which was subject to the effective control of R1:

(i) Chose in action represented by credit balances held in the following accounts held by R4 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

Limited 02-0296792-33 HK\$ 40,691,385.46

(ii) Securities held in the following account held by R4 but subject to the effective control of R1 :

SIN Name of Institution Account Number Shares Balance

Total: 9,600,000 shares (Haitong) HK\$ 70,272,000

(As of closing price on 2018-09-24, Haitong (6837): HK\$7.32 listed in Hong Kong, Founder Securities listed in Shanghai (601901): RMB\$ 5.54/ HK\$ 6.371)

(i) Chose in action represented by credit balances held in the following accounts held by R5 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

Limited 02-0287955-33 HK\$ 4,885,665.83

Limited) 602965-01-M-000 RMB\$ 18,649,277.26

Securities Limited 108165641 HK\$ 17,411,817.04

(ii) Securities held in the following accounts held by R5 but subject to the effective control of R1 :

SIN Name of Institution Account Number Shares Balance

Branch HK1500003745 101,844,000 shares (Haitong)

Limited 02-0287955-33 19,463,200 shares (Haitong) 16 02-08T0000-33 31,835,600 shares (Haitong)

loan of HK\$ 59,062,279) 49,000,000 shares (Haitong)

Securities Limited 108165641 68,868,800 shares (Haitong)

12,004,743 shares (Founder) HK\$ 2,001,224,850.65

(i) Chose in action represented by credit balances held in the following accounts held by R6 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

Kong) Limited 012-875-00-54092-2 HK\$ 25,405,113

(ii) Securities held in the following accounts held by R6 but subject to the effective control of R1 :

SIN I Name of Institution Account Number Shares Balance

24 Bank of China (Hong 012-228-71-50472-1 30,065,200 shares (Haitong) Kong) Limited 17,032,900 shares (Founder)

Outstanding Margin :

Outstanding Margin : HK\$ 172,505,482 54,000,000 shares (Haitong)

17,032,900 shares (Founder) HK\$ 1,138,438,872.68

(i) Chose in action represented by credit balances held in the following accounts held by R7 but subject to the effective control of R1

S/N Name of Institution Account Number Balance

(Asia) Corporation Limited 11747330 US\$ 128.93

(i) Chose in action represented by credit balances held in the following account held by R8 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R9 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R10 but subject to the effective control of R1 :

SIN Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R11 but subject to the effective control of R1 :

SN Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R12 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R13 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R14 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following account held by R15 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following accounts held by R16 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following accounts held by R17 but subject to the effective control of R1 :

SN Name of Institution Account Number Balance

China Construction Bank 11759329 US\$ 128.93

42 (Asia) Corporation Limited 11759264 HK\$ 1,000.00

(i) Chose in action represented by credit balances held in the following accounts held by R18 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following accounts held by R19 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

47 China Minsheng Banking 800032255 HK\$ 145.37

48 DBS Bank (Hong Kong) 471879681 HK\$ 5,045

(i) Chose in action represented by credit balances held in the following accounts held by R20 but subject to the effective control of R1 :

S/N Name of Institution Account Number Balance

(Hong Kong) Limited 471492183 HK\$ 15,500,000.00

(i) Chose in action represented by the credit balances held in the following account held by R21 but subject to the effective control of R1 and R2:

S/N Name of Institution Account Number Balance

Hong Kong Branch 371236 US\$ 15,393,793.48

(i) Chose in action represented by credit balances held in the following accounts held by R22 but subject to the effective control of R2 :

S/N Name of Institution Account Number Balance

54 China Citic Bank 744206777800 HK\$ 2,014,055.96 55 International Limited 744206777801 US\$ 4.157.6

(i) Chose in action represented by credit balances held in the following account held by R23 but subject to the effective control of R1 :

SIN Name of Institution Account Number Balance

(i) Real property held by R24 but subject to the effective control of R1:

Address : No. 20 and 22 South Bay Road, Hong Kong

Purchase price :: HK\$ 880,000,000 (as at 2011-03-31) Estimated value : HK\$ 2,224,000,000 (as at 2018-07-31)

(i) Chose in action represented by credit balances held in the following bank account held by R25 but subject to the effective control of R1:

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following bank accounts held by R26 but subject to the effective control of R1:

S/N Name of Institution Account Number Balance

(i) Chose in action represented by credit balances held in the following bank accounts held by R27 but subject to the effective control of R1:

S/N Name of Institution Account Number Balance

4. Unless there is a further order of the Court, the Respondents shall file and serve upon the Secretary for Justice on or before the 30th day of March, 2019 affidavits/affirmations disclosing for the preceding six years the full value of any salary or other earnings, together with any money, goods or other assets whatsoever which are held by them, whether in them own name or on their behalf by some other person or company, and whether located within or outside Hong Kong, and identifying with full particularity the nature and location of such assets and in whose names those assets are held and the sources from which such assets are derived and without prejudice to the generality of the foregoing :

> (a) details of all accounts held with banks, deposits taking companies or other financial institutions whether located within or outside Hong Kong, including details sufficient to identify the accounts, the present balance of the accounts and any encumbrances on the accounts;

- (b) particulars, including addresses, of all real property, whether freehold or leasehold, in which the Respondents have any proprietary interest, the nature and extent of that interest and details of any mortgage or charge thereon stipulating any sum loaned in respect of such property and how much is outstanding. Full particulars of any rent paid to them, their servants or agents by any person including which account such rent is paid into or how such rent is otherwise applied; - (c) particulars of all securities, including but not limited to unit trusts, shares or debentures in any company or corporation, public or private, whether incorporated in Hong Kong or elsewhere, insurance policies and any other deposits or investments held by them; - (d) particulars of all personal properly, including but not limited to jewellery, cash, motor vehicles, antiques or other items of value; and - (e) particulars of any monies owed to them by other persons or companies or vice versa,

5. No disclosure made in compliance with this Order shall be used as evidence against the Respondents in any criminal proceedings, except in proceedings under section 31 of the Crimes Ordinance, Cap. 200.

1 6.

The information disclosed in compliance with this Order shall not be

used for any purpose other than these proceedings and confiscation proceedings, and shall not be disclosed or otherwise divulged to any third party without the leave of this Court.

- 7. Nothing in this Order shall : - (a) prevent any person affected by this Order, including any financial institution, from paying any money restrained by this Order to the party responsible for enforcement of any Confiscation Order which may hereafter be made by the Court of First Instance or District Court against the Respondents in satisfaction of part or the whole of the said Confiscation Order; and - (b) prevent the levy of distress upon any goods subject to this Order for the purpose of enforcement of any Confiscation Order which may hereafter be made by the Court of First Instance or District Court.

This Order will remain in force up to and including the 30th day of 8. April 2019 unless before then it is varied or discharged by a further order of the Court. The application for continuation of this Order shall be heard by the Court at 9:30 am on the 30th day of April, 2019. There be liberty to apply for an extension.

19 A Respondent who is an individual who is ordered not to do something must not do it himself fherself or in any other way. He/She must not do it through others acting on his/her behalf or on his/her instructions or with his/her encouragement.

A person who is not an individual which is ordered not to do 10. something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.

It is a Contempt of Court for any person notified of this Order 11. knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned or fined, or have his/her/their assets seized. CRIMINAL OFFENCE FOR BREACHING THIS ORDER

A person who knowingly deals in any realizable property 12. in contravention of this Order commits an offence and is liable:

- (a) on conviction upon indictment to a fine of \$500,000 or to the value of the realizable property the subject of the Restraint Order concerned which has been dealt with in contravention of that Order, whichever is the greater, and to imprisonment for 5 years; or - (b) on summary conviction to a fine of \$250,000 and to imprisonment for 2 years.

This order and all court documents in these proceedings including but 13(a). not limited to summonses, orders and incidental documents shall be served out of jurisdiction on R1, R2, R4 to R15, R17, R18, R21, R23, R24, R26 and R27 wherever he and/or she and/or it can be located, or at their respective last known address, or registered office or correspondence address or as appropriate in accordance with the law of the jurisdiction in which such respondent (a person or an entity) is present.

13(b). Should service on those respondents as specified in para. 13(a) be unsuccessful, service of this order and all court documents in these proceedings including but not limited to summonses, orders, and incidental documents shall be served on them by way of any other means of service in accordance with the law of the jurisdiction in which such respondent (a person or an entity) is present, and such service shall be good and sufficient service of the said documents upon such respondent.

13(c). This order and all court documents in these proceedings including but not limited to summonses, orders, and incidental documents shall be served on R3 and R25 by way of any means of service in accordance with the law of the jurisdiction in which she and/or he is present, and such service shall be good and sufficient service of the said documents upon her and him.

This order and all court documents in these proceedings including but 13(d). not limited to summonses, orders, and incidental documents shall be served on R16, R19, R20 & R22 at its respective last known registered office, or correspondence office.

Should service on those respondents as specified in para. 13(d) be 13(e) unsuccessful, service of this order and all court documents in these proceedings including but not limited to summonses, orders, and incidental documents by way of advertising a notice of the same for one issue of an English language newspaper and a Chinese language newspaper circulated generally in Hong Kong shall be good and sufficient service of the said documents upon such respondent.

14. Notice of this Order shall be given to person and companies affected by it.

15. The Secretary for Justice gives to the Court the undertakings set out in Schedule 2 to this Order.

The Respondents, or anyone affected by this Order, may apply to the 16. Court at any time to vary or discharge this Order (or so much of it as affects that person), but anyone wishing to do so should give not less than 3 clear days' notice before the date fixed for the application to the Secretary for Justice,

17. The Secretary for Justice be at liberty to lodge for registration of this Order at relevant government registry/registries. COUNSEL ACTING ON BEHALF OF THE SECRETARY FOR JUSTICE

Counsel on behalf of the Secretary for Justice is :-18. Ms. Denise CHAN Assistant Director of Public Prosecutions 4/F., High Block, Queensway Government Offices 66 Queensway, Hong Kong Tel : 2867 4953 Fax : 2869 0236

In this Order "he", "him", or "his" include "she", "her", "hers" 19. and "it" or "its" and "they", "them" or "their".

When there are two or more Respondents then (unless otherwise 20. stated) :-

- (a) references to "The Respondent" mean both or all of them; - (b) an Order requiring "The Respondent" to do or not to do anything requires each Respondent to do it or not to do it; and - (c) a requirement relating to service of this Order, or of any legal

proceedings on "The Respondent" means on each of them.

Dated this 18th day of October, 2018.

The Judge has read the First Affirmation of Senior Inspector CHAN Sze-wing dated the 5th day of October, 2018 and the exhibits produced therein before making this Order.

Undertakings given to the Court by the Secretary for Justice

AND UPON the undertaking of the Secretary for Justice through the said Assistant Director of Public Prosecutions:

1: To serve upon any banks which may hold accounts belonging to the Respondents and where applicable the Land Registries, the Company Registry, the Transport Department and any third parties of which the Secretary for Justice may be given notice, a copy of this Order.

2. To pay the reasonable costs, damages, and expenses of any person or body, other than the Respondents, to whom notice of this Order may be given in ascertaining whether any assets that are the subject of the Order are within their possession or control or which are incurred by them in complying with the terms of this Order.

If for any reason this Order ceases to have effect, the Secretary for

3.