Retroactive or Prospective? Determining the Scope of Hong Kong’s New Insolvency Law

International Insolvency Review, Vol. 8, No. 1, p. 27-37, 1999

6 Pages Posted: 6 Feb 2010 Last revised: 13 Feb 2010

See all articles by Philip Smart

Philip Smart

The 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

Date Written: 1999

Abstract

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) [1998] 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.

Suggested Citation

Smart, Philip and Booth, Charles D., Retroactive or Prospective? Determining the Scope of Hong Kong’s New Insolvency Law (1999). International Insolvency Review, Vol. 8, No. 1, p. 27-37, 1999, Available at SSRN: https://ssrn.com/abstract=1548077

Philip Smart

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

Charles D. Booth (Contact Author)

Institute of Asian-Pacific Business Law, William S. Richardson School of Law, University of Hawaii at Manoa ( email )

University of Hawai'i at Manoa
2515 Dole Street
Honolulu, HI 96822-2328
United States

University of Hawaii at Manoa - William S. Richardson School of Law ( email )

2515 Dole Street
Honolulu, HI 96822-2350
United States

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