13 Jul 2015
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
- District Court
- Case number
- DCCJ2792/2013
Because section 28 of the Pension Benefits Ordinance operates as a non-alienation regime for public service pensions and s31(3) preserves secured creditors' rights after discharge, the Government is a secured creditor entitled to apply s31(2) deductions of up to 25% from the plaintiff's pension despite his bankruptcy discharge; estoppel argument not addressed substantively as not pleaded; therefore plaintiff's declaratory reliefs fail.