Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Asset realization

Legal area

Court

25 Jul 2007

RE CHENG CHAO MING

Citation

RE CHENG CHAO MING
Court

Court of First Instance
Case number

HCB18932/2002

Trustee proved grounds under s30A(4)(b) (discharge would prejudice administration) and s30A(4)(h) (failure to file annual reports); ground under s30A(4)(a) (likely to make a significant contribution) was not established because assets are vested in the trustee and realization is not a contribution by the bankrupt; in exercise of the s30A(3) discretion the court suspended the relevant period for 2 years from the date the bankrupt would have been discharged.
14 Feb 2006

Dr VINCENT KAY LO IP v. OFFICIAL RECEIVER

Citation

Dr VINCENT KAY LO IP v. OFFICIAL RECEIVER
Court

Court of Appeal
Case number

CACV53/2005

The master’s factual findings that the Official Receiver proved misconduct (non‑cooperation, failure to facilitate realization of assets, fabrication of documents and failure to contribute income) were open on the evidence; the Court of Appeal upheld those findings and therefore affirmed the exercise of discretion to postpone the bankrupt's automatic discharge until 13 August 2008 under s30A(3).