RE CHAN WING HING

RE CHAN WING HING

Section 30A(10)(b)(i) requires a bankrupt to notify the trustee of itinerary and contact details for any departure from Hong Kong, including transient departures; if the bankrupt fails to notify, the running of the relevant bankruptcy period is suspended for the period of absence and does not resume until the bankrupt physically returns and notifies the trustee. The Official Receiver's internal 3‑month threshold is rejected.

Citation
RE CHAN WING HING
Parties
Applicant (official Receiver): Official Receiver; Bankrupt: Chan Wing Hing; Bankrupt: Lin Hai San
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2005
Case Number
HCB2084/2000
Procedural Posture
Bankruptcy / Decision on Preliminary Point Re Section 30 A(10)(b)(i) (objection to Automatic Discharge)
Outcome
Application dismissed as premature
Legal Topics
Automatic Discharge, Section 30 A(10)(b)(i), Duty to Notify Trustee, Leave Hong Kong
Source Language
EN
Bankruptcy Statutory Interpretation Civil Procedure Automatic Discharge Section 30 A(10)(b)(i) Duty to Notify Trustee Leave Hong Kong

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Parties

Official Receiver

Applicant (official Receiver)

Chan Wing Hing

Bankrupt

Lin Hai San

Bankrupt

Procedural Posture

Bankruptcy / Decision on Preliminary Point Re Section 30 A(10)(b)(i) (objection to Automatic Discharge)

Legal Issues

  1. 1 Whether Section 30A(10)(b)(i) requires a period of permanency (eg. 3 months) before suspension of the bankruptcy period applies
  2. 2 Whether routine transient departures (commuting/short trips) are excluded from Section 30A(10)(b)(i) by de minimis or purposive construction
  3. 3 Whether the Official Receiver's internal 3-month threshold is legally justified

Ratio Decidendi

Section 30A(10)(b)(i) requires a bankrupt to notify the trustee of itinerary and contact details for any departure from Hong Kong, including transient departures; if the bankrupt fails to notify, the running of the relevant bankruptcy period is suspended for the period of absence and does not resume until the bankrupt physically returns and notifies the trustee. The Official Receiver's internal 3‑month threshold is rejected.

Court Disposition

Application dismissed as premature

Orders

  • Application by the Official Receiver under section 30A(3) dismissed
  • No order as to costs