Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discharge of bankrupts

Legal area

Court

28 Oct 2008

RE WONG SIU FAI

Citation

RE WONG SIU FAI
Court

Court of Appeal
Case number

CACV261/2007

A valid interim suspension order under section 30A suspends the running of the relevant period and creates enforceable status-based consequences while in force; the court is not empowered to backdate a bankrupt's discharge to an earlier date than the date on which the objection summons is finally disposed of and the interim order is discharged; the correct remedy is to discharge the interim order and declare discharge effective from that date.
11 Nov 1999

RE: NG YAT CHI and Ex Parte: THE OFFICIAL RECEIVER

Citation

RE: NG YAT CHI and Ex Parte: THE OFFICIAL RECEIVER
Court

Court of First Instance
Case number

HCB242/1992

The court held that s.30A(10) (non‑commencement/non‑continuation provisions tied to absence) does not apply to bankrupts deemed discharged under s.30C(2); upon a timely objection under s.30C(2)/s.30A(4) the court's proper power is to consider the objection and, if justified, exercise its discretion under s.30A(3) to suspend the deemed discharge. Applying that discretion on the facts, the court postponed discharge to 27 August 2000.