Retroactive or Prospective? Determining the Scope of Hong Kong’s New Insolvency Law
University of Hong Kong - Faculty of Law
Charles D. Booth
Institute of Asian-Pacific Business Law, William S. Richardson School of Law, University of Hawaii at Manoa; University of Hawaii at Manoa - William S. Richardson School of Law
International Insolvency Review, Vol. 8, No. 1, p. 27-37, 1999
Over the last two years significant amendments have been made to Hong Kong’s insolvency law in the form of amendments to the Bankruptcy Ordinance and the Companies Ordinance. The Bankruptcy Amendment Ordinance of 1996 amended both ordinances in major ways, Unfortunately, in a few important areas the amending legislation incorporating these changes did not clarify whether the amendments were intended to have any retrospective effect. This omission has already led to one case, Re Setaffa Investments Ltd (In Liquidation)  2 HKLRD 236, which addressed this issued in the context of S.264A of the Companies Ordinance. This article looks at both the Setaffa case and the more general retroactivity issues that arose as a result of the amendments.
Number of Pages in PDF File: 6Accepted Paper Series
Date posted: February 6, 2010 ; Last revised: February 13, 2010
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