Hong Kong Case Law

李思行及周慧蘭作為敖家維破產產業的受託人 對 敖家維

Court

Court of First Instance

Case number

HCB8064/2019

On the balance of probabilities the court found the trustees' complaints proved: the bankrupt privately expended at least about HK$130,000 of bonuses and other rewards and failed to timely provide pay records and annual statements; these failures amounted to lack of full and frank disclosure and non-cooperation justifying postponement. The appropriate remedy was to postpone the automatic discharge of the bankruptcy order for two years from 26 October 2024 and to order the bankrupt to pay the trustees' costs, with a costs nisi procedure and set timetable for any taxation objections.

Source excerpt

• Automatic discharge
• Extension of bankruptcy order
• Duty of disclosure
• Income payment order
• Annual report compliance

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RE CHU YING KIN

Court

Court of First Instance

Case number

HCB4013/2017

The court extended Chu Ying Kin’s bankruptcy by 21 months after finding undisclosed assets, a PRC property claim, and a lack of full cooperation with the Official Receiver.

• Automatic discharge
• Suspension of discharge
• Non-disclosure of assets
• Failure to cooperate with trustee
• Time extension for service
• Foreign proceedings

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RE LAU YU also known as Jaffe Lau

Court

Court of First Instance

Case number

HCB104/2017

The court suspended Lau Yu’s automatic discharge from bankruptcy for two years after finding non-cooperation, unsatisfactory conduct, and prejudice to administration.

• Automatic discharge
• Suspension of discharge under s30a
• Trustee investigations
• Non-cooperation by bankrupt
• Voidable transactions and charges
• Alleged offences under s129 bo

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FRED LEE AND CHOW WAI LAN, CHRISTINE, TRUSTEE OF THE PROPERTY OF CHU YUNG, A BANKRUPT v. CHU YUNG

Court

Court of First Instance

Case number

HCB2027/2018

The court suspended a bankrupt’s automatic discharge for two years after finding nondisclosure of sale proceeds, evasive explanations, and poor cooperation with the trustee.

• Suspension of discharge
• Automatic discharge
• Preferential payment
• Failure to cooperate with trustee
• Trustee objection
• Costs

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RE FORMERLY KNOWN AS SHUM WAN MAN

Court

Court of First Instance

Case number

HCB1536/2015

The court held that a creditor’s objection to automatic discharge was filed late under s 30A(6) of the Bankruptcy Ordinance and declined to extend time, dismissing the objection and related applications.

• Automatic discharge
• Objection to discharge
• Time limits and extension
• Interim orders
• Amendment of proceedings
• Service of documents

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RE TANG TIM FOOK

Court

Court of First Instance

Case number

HCB8616/2014

The Court of First Instance rejected the Bankrupt’s explanation for non-disclosure of a property and upheld the Trustees’ objection to automatic discharge.

• Disclosure of assets
• Automatic discharge
• Disputed transfer of beneficial interest
• Power of attorney
• Trustees' objections
• Annulment application

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RE AU KA MAN CARMEN

Court

Court of First Instance

Case number

HCB7505/2014

The court dismissed a bankrupt’s section 83 application to reverse trustees’ decision, holding their contribution agreement was within what the court could order under section 30A.

• Automatic discharge
• Trustee objections
• Continuing contributions
• Section 30a
• Section 83
• Costs

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ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FUNG, SIEGFRIED AND OTHERS

Court

Court of First Instance

Case number

HCB345/2001

The High Court ordered private examination of the bankrupt’s brother and son under s29 of the Bankruptcy Ordinance, subject to limits on scope and oppression.

• S29 examination
• Private examination
• Trustees' duties and powers
• Automatic discharge
• Insider dealing
• Asset concealment and nominee arrangements

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ALAN CHUNG WAH TANG AND ANOTHER v. LEE SIU FUNG, SIEGFRIED AND OTHERS

Court

Court of First Instance

Case number

HCB345/2001

法院批准破產受託人根據《破產條例》第29條對已獲解除破產的第一答辯人作私人訊問，以協助調查及管理破產財產。

• Private examination under s29
• Automatic discharge
• Trustee investigatory powers
• Service of process
• Insider dealing findings
• Asset concealment and nominee accounts

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CHANG HYUN CHI v. OFFICIAL RECEIVER AND ANOTHER

Court

Court of Appeal

Case number

CACV110/2013

The Court of Appeal held section 30A(10)(a) of the Bankruptcy Ordinance unconstitutional because its suspension of bankruptcy discharge period was disproportionate and infringed the right to travel.

• Right to travel
• Proportionality test
• Suspension of bankruptcy period
• Automatic discharge
• Section 30a(10)(a) bankruptcy ordinance
• Right-to-travel

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