5 Nov 2015
OFFICIAL RECEIVER v. ZHI CHARLES, formerly known as CHANG HYUN CHI AND ANOTHER
- Citation
- OFFICIAL RECEIVER v. ZHI CHARLES, formerly known as CHANG HYUN CHI AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FACV8/2015
Section 30A(10)(a) is unconstitutional because it imposes a disproportionate impairment of the constitutional right to travel: it operates indiscriminately to prevent commencement of the automatic discharge period regardless of innocent reasons or cooperation, affords no judicial discretion or tailored exceptions, fails the minimal impairment requirement and is indistinguishable in its disproportionate effects from s30A(10)(b)(i) as rejected in Chan Wing Hing.