Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Interpretation of s.30a(10)(b)
  • 16 Jan 2006

    RE LIN HAI SAN

    Citation
    RE LIN HAI SAN
    Court
    Court of Appeal
    Case number
    CACV154/2005

    s.30A(10)(b) is a mandatory, independent provision: a bankrupt who leaves Hong Kong must notify the trustee of itinerary and contact; failure to notify suspends the running of the relevant period under s.30A(1)-(3) until the bankrupt notifies the trustee of return; departures of less than one day do not trigger suspension; the OR's three‑month administrative threshold is rejected and the Master erred in summary dismissal — appeal allowed and matter remitted to determine aggregate days of absence exceeding a day and any extension under s.30A(2)/(3).