Re: Hui Hing Kwok Bankrupt and Ex Parte : The Official Receiver

Re: Hui Hing Kwok Bankrupt and Ex Parte : The Official Receiver

Ground (d) (unsatisfactory conduct) not made out on the facts because the passport use was adequately explained and there was insufficient proof of intent to deceive; ground (g) (conviction under s131(a)) was established but the court declined to exercise its discretion to suspend the automatic discharge because the bankrupt had been punished (suspended sentences) and suspension would unduly delay rehabilitation; therefore the Official Receiver's application to suspend discharge was refused.

Citation
Re: Hui Hing Kwok Bankrupt and Ex Parte : The Official Receiver
Parties
Official Receiver and Trustee (applicant): The Official Receiver; Bankrupt (respondent): Hui Hing Kwok
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 May 1999
Case Number
HCB871/1994
Procedural Posture
Bankruptcy / Application to Suspend Automatic Discharge Under Section 30 A(3) of the Bankruptcy Ordinance Following Adjudication Order of 16 June 1995
Outcome
The Official Receiver's application to suspend the automatic discharge is refused.
Legal Topics
Automatic Discharge, Suspension of Discharge, Objection to Discharge, Offences by Undischarged Bankrupt
Source Language
EN
Bankruptcy Criminal Law Automatic Discharge Suspension of Discharge Objection to Discharge Offences by Undischarged Bankrupt

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Parties

The Official Receiver

Official Receiver and Trustee (applicant)

Hui Hing Kwok

Bankrupt (respondent)

Procedural Posture

Bankruptcy / Application to Suspend Automatic Discharge Under Section 30 A(3) of the Bankruptcy Ordinance Following Adjudication Order of 16 June 1995

Legal Issues

  1. 1 Whether grounds under section 30A(4)(d) (unsatisfactory conduct) and 30A(4)(g) (conviction under s129 or ss131-136) are established
  2. 2 Whether the court should exercise its discretion to suspend the automatic discharge despite a conviction under s131(a)
  3. 3 Whether use of a passport to open a bank account amounted to additional misconduct beyond the offence of obtaining credit without disclosure

Ratio Decidendi

Ground (d) (unsatisfactory conduct) not made out on the facts because the passport use was adequately explained and there was insufficient proof of intent to deceive; ground (g) (conviction under s131(a)) was established but the court declined to exercise its discretion to suspend the automatic discharge because the bankrupt had been punished (suspended sentences) and suspension would unduly delay rehabilitation; therefore the Official Receiver's application to suspend discharge was refused.

Court Disposition

The Official Receiver's application to suspend the automatic discharge is refused.

Orders

  • The application by the Official Receiver for an order suspending the automatic discharge under section 30A(3) is refused.
  • No suspension is ordered; the bankrupt's automatic discharge to take effect subject to statutory dates (automatic discharge date 16 June 1999 as noted).