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Traditional ChineseSimplified ChineseText onlyPDARSS
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July 20, 2006
Bankruptcy
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Ruling has no adverse impacts on bankrupts
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Official Receiver's Office

A Court of Final Appeal judgment will be studied in detail, but it has no adverse impact on either discharged or undischarged bankrupts, the Official Receiver's Office says.

 

Undischarged bankrupts should continue to cooperate with their trustees in discharging their duties under the Bankruptcy Ordinance.

 

The office will continue apply to the court for an order to object to uncooperative bankrupts' discharge under section 30A(4) of the ordinance, on grounds such as failure to cooperate in the estate administration, unsatisfactory conduct and so on.

 

The court today handed down its judgment on the Official Receiver's appeal regarding the interpretation of section 30A(10)(b)(i) of the ordinance.

 

The court allowed the appeal and held that section 30A(10)(b)(i) is unconstitutional. This provision provides that when a bankrupt leaves Hong Kong, he should notify his trustee of his departure and contact information. Otherwise, his bankruptcy period will be suspended until he notifies the trustee of his return.

 

The office will study the judgment in more detail and consider whether any follow-up action is required, in consultation with other relevant departments.

 

If any bankrupt has enquiries about the judgment, he may contact the office at 2867 5828 or his trustee. If the Official Receiver is the trustee, he may contact his case officer directly for assistance.



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