27 Mar 2020
容冠強 對 庫務署署長
- Citation
- [2020] HKDC 78
- Court
- District Court
- Case number
- DCCJ2653/2017
The court held the Government was a secured creditor in respect of the plaintiff's retirement benefits by virtue of the public service regulatory scheme and contractual acceptance of deduction rights; although the Government's failure to declare security in the proof of debt meant it effectively waived any security in respect of the plaintiff's salary (having taken ordinary distributions), that waiver did not extend to pension/retirement benefits which remained enforceable after bankruptcy discharge; the 2006 settlement (518 memo) was a binding agreement supported by consideration and the pla…