4 Jan 2019
RE LEUNG KWAN TSAN KELVIN
- Citation
- [2019] HKCFI 20
- Court
- Court of First Instance
- Case number
- HCB11341/2002
Court was bound by the Court of Appeal in Re Ng Shiu Fan; the relevant statutory provisions vesting subsidized school provident fund benefits in the trustee are valid; s.85(5) is a legitimate non-retrospective provision justified by public policy and proportionality; differential treatment by date of bankruptcy does not engage protected status under ICCPR/Basic Law and is justified; equitable relief under Re Condon cannot displace the clear legislative scheme — therefore the applicant's amended summons is dismissed.