Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Charge over salary
  • 21 Oct 2005

    RE CHOI LAI MING

    Citation
    RE CHOI LAI MING
    Court
    Court of First Instance
    Case number
    HCB4390/2002

    The court found on construction of the loan documents and CSRs and having regard to surrounding circumstances that the Government, not the FSI in its own right, was the lender and thereby a secured creditor with a charge over the debtor's salary, pension and other sums payable by the Government; accordingly the Government was entitled to continue the salary deductions to satisfy its security and the Official Receiver's claims for repayment and declaration were dismissed; moreover discharge does not impair a secured creditor's right to enforce its security under s.32(3) and a secured creditor…