Hong Kong Case Law: Decisions & Judgments

Topic

Automatic discharge suspension

Legal area

Court

7 May 2013

RE CHEUNG SIU KIN

Citation

RE CHEUNG SIU KIN
Court

Court of First Instance
Case number

HCB7320/2008

On the balance of probabilities the bankrupt failed to cooperate by not providing timely or adequate annual statements, failing to provide account details, obstructing interviews and not explaining significant withdrawals; these failures and ongoing investigations justified exercising the court's discretion to suspend automatic discharge for a fixed period, here four years, to allow further investigation and recovery.
5 Feb 2008

WONG KWOK KI STEPHEN AND ANOTHER v. CHOI MUK CHUNG

Citation

WONG KWOK KI STEPHEN AND ANOTHER v. CHOI MUK CHUNG
Court

Court of First Instance
Case number

HCB9785/2003

Master Yuen found the bankrupt deliberately and persistently failed to make full and frank disclosure of income and financial changes (including lying about a 2005 bonus, non-disclosure of bonuses, tax refund and reduced rent), which made estate administration onerous; accordingly it was equitable to suspend the automatic discharge for 9 months and to grant an order nisi for costs to the trustee.
20 Jul 2007

RE SHIU KWOK WING SAMUEL

Citation

RE SHIU KWOK WING SAMUEL
Court

Court of First Instance
Case number

HCB24713/2002

The court found the bankrupt primarily responsible for the misrepresentation on the JCG loan application which constituted unsatisfactory pre-bankruptcy conduct; balancing that finding against four years of cooperation, repayment contributions and personal/family circumstances, the court exercised its discretion under section 30A(3) to suspend the automatic discharge for a minimal period of three months from 11 February 2007 and ordered costs to the trustee.

Hong Kong Case Law

RE CHEUNG SIU KIN

WONG KWOK KI STEPHEN AND ANOTHER v. CHOI MUK CHUNG

RE SHIU KWOK WING SAMUEL