11 Jul 2001
RE: LAI YIN SHAN and EX PARTE: THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD.
- Citation
- RE: LAI YIN SHAN and EX PARTE: THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD.
- Court
- Court of First Instance
- Case number
- HCB992/2000
Solicitors enjoyed a right of audience in contested bankruptcy matters in open court before 1 July 1997 due to longstanding practice deriving from application of English law; repeal of s.17 in 1987 did not negate that established local practice absent a collective judicial decision to change it; s.12 Hong Kong Reunification Ordinance preserves pre‑1997 rights; s.99 Bankruptcy Ordinance does not displace a unique bankruptcy practice; therefore the Petitioner may be represented by its solicitors in open court.