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 Unconstitutionality of the Discharge Provisions
By Rosenna Mak The Hong Kong Court of Final Appeal (“CFA”) recently upheld the decision of the Court of Appeal and ruled that s.30A(10)(a) of the Bankruptcy Ordinance (“BO”) is unconstitutional. To recap; s.30A(10)(a) of the BO provides that the bankruptcy period does not start running if a bankrupt has left Hong Kong before the…
Continue ReadingDischarge From Bankruptcy – The Latest
By Rosenna Mak Although we are still waiting for the Court of Final Appeal to hear arguments regarding the constitutionality or otherwise of the discharge provisions contained in s.30A(10)(a) of the Bankruptcy Ordinance, the Administration has already responded to the decision, see here, by placing before LegCo a draft bill which is aimed squarely at…
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