Constitutionality 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, pending the determination of the Official Receiver’s application for leave to appeal to the Court of Final Appeal.

We understand that the Official Receiver has now filed an application for leave to appeal to the Court of Final Appeal.  Due to the importance of the issue at hand, we anticipate that leave will be granted and the case should be heard by the CFA – probably towards the end of this year.  We will update you on further developments as and when they happen.