24 Apr 2017
LO KWOK KUEN DANWAY v. SECRETARY FOR JUSTICE for and on behalf of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
- Citation
- LO KWOK KUEN DANWAY v. SECRETARY FOR JUSTICE for and on behalf of THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
- Court
- Court of Appeal
- Case number
- CACV180/2016
Section 31(2) PBO does not create a proprietary equitable charge in pension benefits because it does not require appropriation or segregation of a specific fund or impose an obligation to pay the debt out of a specific part of the pension; therefore the Government is not a secured creditor and debts were released on discharge under BO s32, so the Government had no right to deduct pension after discharge; appeal allowed.