20 Jul 2006
THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF LIN HAI SAN, a bankrupt v. LIN HAI SAN
- Citation
- THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF LIN HAI SAN, a bankrupt v. LIN HAI SAN
- Court
- Court of Final Appeal
- Case number
- FACV8/2006
Majority: s.30A(10)(b)(i) properly construed suspends the relevant period for automatic discharge during the bankrupt's absence from Hong Kong and continues to be suspended until the bankrupt notifies the trustee of his return; that indefinite suspension until notification is a disproportionate and unconstitutional restriction on the freedom to travel (Basic Law Art.31 and BOR Art.8) because the sanction is harsh, indiscriminate and lacks judicial discretion; accordingly s.30A(10)(b)(i) is declared unconstitutional and the applications are to be reconsidered by the Master under the ordinary o…