RE LIN HAI SAN

RE LIN HAI SAN

Section 30(10)(b)(i) must be given its plain meaning: any departure from Hong Kong by a bankrupt requires prior notification of itinerary and contact to the trustee; failure to notify suspends the running of the bankruptcy period during absence and until physical return and notification. There is no statutory or judicially required threshold of permanency (eg. three months) and immigration de minimis principles do not apply to this provision.

Citation
RE LIN HAI SAN
Parties
Bankrupt: Chan Wing Hing; Bankrupt: Lin Hai San; Applicant: Official Receiver
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2005
Case Number
HCB2848/2000
Procedural Posture
Bankruptcy / Decision on Preliminary Point
Outcome
Application by the Official Receiver under s30A(3) dismissed as premature
Legal Topics
Automatic Discharge, Absence From Jurisdiction, Trustee Notification Duty, Interpretation of S30(10)(b)(i)
Source Language
EN
Bankruptcy Statutory Interpretation Insolvency Administration Automatic Discharge Absence From Jurisdiction Trustee Notification Duty Interpretation of S30(10)(b)(i)

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Parties

Chan Wing Hing

Bankrupt

Lin Hai San

Bankrupt

Official Receiver

Applicant

Procedural Posture

Bankruptcy / Decision on Preliminary Point

Legal Issues

  1. 1 Whether s30(10)(b)(i) of the Bankruptcy Ordinance requires a period of permanency (eg. three months) before it applies
  2. 2 Whether transient or frequent short departures trigger the duty to notify trustee and suspension of running of the bankruptcy period
  3. 3 Whether the de minimis principle from immigration cases applies to s30(10)(b)(i)

Ratio Decidendi

Section 30(10)(b)(i) must be given its plain meaning: any departure from Hong Kong by a bankrupt requires prior notification of itinerary and contact to the trustee; failure to notify suspends the running of the bankruptcy period during absence and until physical return and notification. There is no statutory or judicially required threshold of permanency (eg. three months) and immigration de minimis principles do not apply to this provision.

Court Disposition

Application by the Official Receiver under s30A(3) dismissed as premature

Orders

  • Application dismissed
  • No order as to costs