20 Jul 2006
THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF CHAN WING HING, a bankrupt v. CHAN WING HING
- Citation
- THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF CHAN WING HING, a bankrupt v. CHAN WING HING
- Court
- Court of Final Appeal
- Case number
- FACV7/2006
By majority the Court held s.30A(10)(b)(i) properly construed suspends the relevant automatic discharge period for the duration of the bankrupt's absence from Hong Kong and until the trustee is notified of return; however, on constitutional grounds the majority held that the statutory sanction (suspension until notification) is a disproportionate infringement of the freedom to travel and declared s.30A(10)(b)(i) unconstitutional and remitted the underlying applications to the Master; one judge dissented on the constitutionality point, finding the provision proportionate.