Category: Bankruptcy

Bankruptcy (Amendment) Bill 2015

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

Bankruptcy – 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

Discharge 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

Bankruptcy – 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

Bankruptcy Discharge – Thorny Issues

By Stephen Briscoe Prior to 1998 it was relatively rare for a person who was made bankrupt in Hong Kong ever to get their discharge from bankruptcy. This was because they had to satisfy a number of strict criteria, which

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

Constitutionality 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

Bankruptcy – Adjustment of Priority of Creditors’ Costs

The question recently arose in Hong Kong whether a creditor, who has taken action prior to the start of a bankruptcy and whose actions have resulted in the preservation of assets for the general body of creditors, should be able

Discharge 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