Re: WAN WAI KEUNG ALAN and EX PARTE: OFFICIAL RECEIVER

HCB 4449/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 4449 OF 2001

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J U D G M E N T

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1. This is an application taken out by the Official Receiver under Section 33 of the Bankruptcy Ordinance (Cap. 6) to annul a bankruptcy order made on 11 September 2001 on the bankrupt's own petition.

2. The reason for the application is that a bankruptcy order has already been made on 19 May 1999 against the bankrupt on the petition of his creditor, United Asia Finance Limited. The first bankruptcy order has not been discharged.

3. It would appear that the bankrupt was not aware of the first bankruptcy order when he filed a bankruptcy petition against himself on 21 June 2001.

4. The Official Receiver has performed an investigation to ascertain whether any debts were incurred subsequent to 19 May 1999 by the bankrupt, in which case Section 44 of the Bankruptcy Ordinance would have applied. It would appear from investigation that none of the debts had been incurred after the first bankruptcy order. That being the case and as no new debts have been incurred by the bankrupt after the first bankruptcy order and that order has not been discharged, it would be appropriate in these circumstances to annul the second bankruptcy order made on 11 September 2001 and I so order.

5. I make no order as to the costs of this application except that the Official Receiver's costs of $6,300 are to be deducted from the petitioner's deposit.