Re Chiu Ching Leung

HCB001838/2000

HCB 1838/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 1838 OF 2000

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Re: CHIU CHING LEUNG, the Bankrupt

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Coram: Hon Kwan J in Court

Date of Hearing: 4 June 2002

Date of Judgment: 4 June 2002

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J U D G M E N T

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1.I have before me an application by a the bankrupt Mr Chiu Ching Leung to annul a Bankruptcy Order made against him on 8 November 2000.

2.The ground relied on, as I am told by Mrs Dora Chan who appeared for the Bankrupt today, is under s.33(1)(b) of the Bankruptcy Ordinance, Cap.6, namely that a settlement has been reached with the petitioner and that all the debts and expenses of the bankrupt have been paid in full.

3.The Official Receiver has filed a report dated 31 May 2002 and Ms Mckenna has informed me that the Official Receiver also supports the application.

4.I should point out that although no statement of affairs has been filed by the bankrupt, he has made an affirmation deposing to his financial affairs and exhibiting evidence to show that the petitioner's debt has been paid by a third party. Further, the notice of the hearing today has been published in the Gazette and advertised in one English newspaper and one Chinese newspaper on 17 May 2002. Creditor of the bankrupt has given notice to appear, and no one has come forward at the hearing today to oppose the application.

5.In the circumstances, I make an order to annul the Bankruptcy Order made on 8 November 2000. I make no order as to costs save that the Official Receiver's costs are to be borne by the bankrupt. I further order that the costs of advertising the order for annulment be paid out of the funds held by the Official Receiver being the bankrupt's estate.

Representation:

Mr Yip Wai Keung, instructed by Messrs Lam & Lau, for the Petitioner

Mrs Dora Chan, instructed by Messrs Jesse H Y Kwok & Co., for the Bankrupt

Ms P Mckenna, for the Official Receiver