Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Automatic discharge of bankruptcy

Legal area

Court

4 Apr 2007

RE CHEUNG KO CHING

Citation

RE CHEUNG KO CHING
Court

Court of First Instance
Case number

HCB272/2001

The Court held that the Official Receiver proved that the bankrupt failed to co-operate and filed material documents late without credible explanation or medical evidence; contemporaneous OR records were preferred to the bankrupt's uncorroborated assertions; applying principles of rehabilitation and the need for full disclosure the Court exercised its discretion under section 30A to suspend automatic discharge for two years as an appropriate proportionate response.
22 Jul 2004

RE UNION ELECTRIC (HK) CORPORATION

Citation

RE UNION ELECTRIC (HK) CORPORATION
Court

Court of First Instance
Case number

HCB1135/1999

The court held that 'bankrupt' in the Ordinance denotes the individual even when a bankruptcy order is made against a firm; the Official Receiver established on the balance of probabilities that the individual bankrupt failed to cooperate under s30A(4)(c); a defective summons was waived under s124 as no injustice resulted; accordingly the court exercised its discretion to suspend the automatic discharge for 18 months until 15 March 2005 and awarded costs.