Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 30A

Discharge from bankruptcy

(1) Subject to this section, a bankrupt is discharged from bankruptcy by the
expiration of the relevant period under this section.

(2) The relevant period referred to in subsection (1) is as follows-

   (a)  where a person has not previously been adjudged bankrupt, the period
        of 4 years;

   (b)  where a person has been previously adjudged bankrupt, the period of 5
        years, beginning with the commencement of the bankruptcy.

(3) Where the court is satisfied on the application of the trustee or one of
the bankrupt's creditors that a valid objection based on one or more of the
grounds set out in subsection (4) has been made, the court may order that the
relevant period under this section shall cease to run for such period, not
exceeding, in the case of a person who-

   (a)  has not previously been adjudged bankrupt, 4 years; or

   (b)  has previously been adjudged bankrupt, 3 years, as may be specified in
        the order.

(4) The grounds on which an objection can be made to the discharge of a
bankrupt under this section are as follows-

   (a)  in the case of a discharge to which subsection (2)(a) applies, that
        the bankrupt is likely within 5 years of the commencement of the
        bankruptcy to be able to make a significant contribution to his
        estate;

   (b)  that the discharge of the bankrupt would prejudice the administration
        of his estate;

   (c)  that the bankrupt has failed to co-operate in the administration of
        his estate;

   (d)  that the conduct of the bankrupt, either in respect of the period
        before or the period after the commencement of the bankruptcy, has
        been unsatisfactory;

   (e)  without limiting paragraph (c) or (d), that the bankrupt has departed
        from Hong Kong and has failed forthwith to return to Hong Kong
        following a request to do so from the Official Receiver or the
        trustee;

   (f)  that the bankrupt has continued to trade after knowing himself to be
        insolvent;

   (g)  that the bankrupt has committed an offence under section 129 or any of
        sections 131 to 136; <* Note - Exp. X-Ref.: Sections 131, 132, 
 133, 134, 135, 136 *>

   (h)  that the bankrupt has failed to prepare an annual report of his
        earnings and acquisitions for the trustee.

(5) Not less than 3 months before the end of the relevant period under this
section, the trustee shall-

(a) send a notice by ordinary mail to the last known address of each proving
creditor; or

   (b)  publish a notice in English and Chinese, respectively, in an English
        and a Chinese newspaper circulating in Hong Kong, advising the
        creditors that-

        (i)    the bankrupt will, in the absence of an objection, be
               discharged;

        (ii)   the trustee does or does not intend to object to the discharge
               and, where he does intend to do so, giving the grounds of the
               objection;

        (iii)  each of them has a right to object to the discharge and giving
               the grounds on which an objection can be based and the
               procedure for making an objection.

(6) Where the trustee or a creditor objects to the discharge of a bankrupt, he
shall-

   (a)  notify the court; and

   (b)  in the case of a creditor, also notify the trustee, not less than 14
        days before the end of the relevant period under this section, stating
        the grounds of his objection and applying for an order under
        subsection (3).

(7) Where the court has suspended the running of the relevant period under
subsection (3), the bankrupt may, at any time, apply to have the suspension
lifted and the court may, having regard to the interests of all the parties,
lift the suspension or shorten the period during which it will operate.

(8) Where a bankrupt has been discharged, he shall, notwithstanding his
discharge-

   (a)  continue to give such information respecting his affairs; and

   (b)  attend on the trustee at such times, and do such other things, as the
        trustee requires for the purpose of completing the administration of
        the estate, and if a discharged bankrupt does not comply with the
        requirements of this subsection, he shall be guilty of a contempt of
        court and may be punished accordingly on the application of the
        trustee.

(9) Where the court grants a discharge under this section, it may, as a
condition of granting the discharge, order the bankrupt to continue to make
contributions to his estate in such amount and for such period as it considers
appropriate but not exceeding a period of 8 years from the date the bankruptcy
order was made.

(10) Notwithstanding subsections (1) to (3), where a bankrupt-

   (a)  has, before the commencement of the bankruptcy, left Hong Kong and has
        not returned to Hong Kong, the relevant period under subsection

(1) shall not commence to run until such time as he returns to Hong Kong and
notifies the trustee of his return;

   (b)  after the commencement of his bankruptcy-

        (i)    leaves Hong Kong without notifying the trustee of his itinerary
               and where he can be contacted; or

        (ii)   fails to return to Hong Kong on a date or within a period
               specified by the trustee, the relevant period under subsection
               (1) shall not continue to run during the period he is absent
               from Hong Kong and until he notifies the trustee of his return.

(11) This section is without prejudice to any power of the court to annul a
bankruptcy order. (Added 76 of 1996 s. 20)