RE MA PUI TUNG

HCB 19884/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

BANKRUPTCYPROCEEDINGS NO. 19884 OF 2003

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J U D G M E N T

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Introduction

1.  After a contested hearing, and in a written judgment handed down on 17 May 2004, I made a bankruptcy order against the debtor with cost.

2.  The debtor took out an application on 20 May 2004 which seeks to rescind the bankruptcy order and asks for 3 weeks to pay the debt based on which the bankruptcy petition was founded. 

3.  The debtor clarifies during today’s hearing that this application is bought pursuant to s. 98(1), Bankruptcy Ordinance (Cap. 6).  When queried by the court, the debtor contends that there is no need for any change of circumstances before the court’s jurisdiction under that provision can be invoked.  He is, however, unable to refer to any authorities or textbooks in support. 

4.  I am willing, for the purposes of this application, to assume in the debtor’s favour that there may be exceptional cases where that jurisdiction can be invoked even though no change of circumstances has taken place between the date of the bankruptcy order and the date of the application made under s. 98(1), Cap. 6.  There is, however, insufficient evidence presented in this application to warrant the exercise of that power. 

5.  For the above reason, this application is refused. 

[After hearing the parties, fixed costs of $3,600 were awarded to each of the Petitioner and the Official Receiver]