RE LEE HON MING

HCB 3978/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCY PROCEEDINGS NO. 3978 OF 2001

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J U D G M E N T

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1. This is an application by the bankrupt to annul the bankruptcy order made on 5 September 2001 under s.33(1)(b) of the Bankruptcy Ordinance, Cap. 6, namely that provable debts and expenses of the bankrupt have been paid or secured to the satisfaction of the court.

2. The bankrupt has filed three affirmations in support of this application. In summary, there are a total of seven creditors including the petitioner and these creditors have either been paid by third parties, being the bankrupt's wife and the bankrupt's brother-in-law or that arrangement has been reached with the creditor not to call in the loan which has been fully secured by security provided by a third party.

3. I am satisfied that the requirements under s.33(1)(b) have been complied with. On 9 May 2002, I adjourned the application for four weeks for the Official Receiver to advertise the Notice of the hearing in the Gazette and in two newspapers. To date, no creditor has given notice to appear and no one has come forward at the hearing today to oppose this application. I therefore make an order to annul the bankruptcy order made on 5 September 2001. I further order that the petition for bankruptcy filed on 7 June 2001 be dismissed to dispose of the petition (see Choudhury v. I R Commissioners [2000] BCC 765).

4. It has been agreed between the bankrupt and the Official Receiver that the Official Receiver's costs agreed at HK$63,182.70 be paid out of the assets of the bankrupt recovered by the Official Receiver. I make an order relating to costs as agreed and I also order that the deposit of HK$12,150.00 be returned to the petitioner. The annulment order would be advertised by the Official Receiver and be published in the Gazette and the expenses thereof, as I understand from the Official Receiver, have been included in the agreed costs of the Official Receiver.