By Rosenna Mak In a previous post in November 2015 entitled “Bankruptcy – The Unconstitutionality of the Discharge Provisions”, we referred to a draft Bankruptcy (Amendment) Bill 2015 being put before LegCo for the purpose of addressing the CFA’s ruling on the unconstitutionality of certain of the existing discharge provisions. On 17 March 2016, LegCo…
Continue ReadingBankruptcy – The Matrimonial Home
By Nichole Chan Whose interests should prevail in bankruptcy: the interests of the bankrupt’s creditors or his/her innocent spouse and dependents? A recent case before the Hong Kong Court confirmed that, in the majority of cases, it is the former When the Bankruptcy (Amendment) Ordinance (“BO”) was introduced in 1998, one of the main changes…
Continue ReadingConstitutionality of Bankruptcy Discharge Provisions Challenged (update)
By Rosenna Mak Just a brief update on our article entitled “Constitutionality of Bankruptcy Discharge Provisions Challenged” published last month reporting that section 30A(10)(a) of the Bankruptcy Ordinance had been ruled to be unconstitutional by the Court of Appeal. Due the significance of that ruling, a stay of the execution of the judgement was granted,…
Continue ReadingConstitutionality of Bankruptcy Discharge Provisions Challenged
S.30A(10)(a) of the Bankruptcy Ordinance is Challenged – Unconstitutional By Stephen Briscoe and Rosenna Mak A few months ago, we published an article entitled “Discharge from Bankruptcy or Trustee Forever” where we discussed the position of the release of a trustee when the debtor was not in the jurisdiction at the time of the bankruptcy order…
Continue ReadingDischarge From Bankruptcy or Trustee Forever!!
By Rosenna Mak Following the Bankruptcy (Amendment) Ordinance 1996, which came into effect on 1 April 1998, the concept of a bankrupt being entitled to an automatic discharge was introduced to allow a bankrupt to become financially rehabilitated. Under the new provisions, a bankrupt is automatically discharged unless the trustee or a creditor objects. A…
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