IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
BANKRUPTCYPROCEEDINGS NO. 19884 OF 2003
Before: Hon Chung J in Court
Date of Hearing: 28 May 2004
Date of Handing Down Judgment: 28 May 2004
J U D G M E N T
1. After a contested hearing, and in a written judgment handed down on 17 May 2004, I made a bankruptcy order against the debtor withcost.
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 debtbased 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’sjurisdiction 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 wherethat jurisdiction can be invoked even though no change of circumstances has taken place between the date of the bankruptcy orderand 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]
Mr Henson K L Lam, of Messrs Lo Wong & Tsui, for the Petitioner
Debtor acts in person and present
Ms C F Sit, of Official Receiver’s Office