{"id":5570,"date":"2023-07-08T03:50:35","date_gmt":"2023-07-07T19:50:35","guid":{"rendered":"https:\/\/hkytl.com\/?p=5570"},"modified":"2023-07-08T04:35:06","modified_gmt":"2023-07-07T20:35:06","slug":"bppo","status":"publish","type":"post","link":"https:\/\/hkytl.com\/cn\/2023\/07\/08\/bppo\/","title":{"rendered":"\u4e2a\u4eba\u7834\u4ea7\u5448\u8bf7
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Introduction<\/strong><\/p>

In today’s complex financial landscape, creditors face numerous challenges when attempting to recover outstanding debts. As the number of individuals struggling with overwhelming financial burdens continues to rise, it becomes crucial for creditors to explore alternative strategies to maximize their chances of reclaiming what is owed to them. \u00a0Strategy that creditors can leverage are (i) personal bankruptcy; and (ii) prohibition order, which can serve as powerful tools in the debt recovery process.<\/p>

Bankruptcy Petition<\/strong><\/p>

One of the most common methods for a creditor to exert pressure to a debtor in Hong Kong is to present a petition to the Court for a bankruptcy order against the debtor.\u00a0<\/p>

Personal service of the petition on the debtor is required. \u00a0If a debtor cannot be found, a creditor would usually apply to the court for a substituted service.\u00a0<\/p>

If an individual has changed her domicile of origin, the bankruptcy petition, even if served by way of substituted service can be opposed on the basis that the petitioner failed to establish the jurisdictional requirements under section 4(1) of the Bankruptcy Ordinance.<\/p>

Section 4(1) of the Bankruptcy Ordinance provides that:<\/p>

(1) A bankruptcy petition shall not be presented to the court under\u00a0section 3(1)(a)\u00a0or (b) unless the\u00a0debtor\u2014<\/p>

(a) is domiciled in Hong Kong;<\/span><\/p>

(b) is personally present in Hong Kong on the day on which the petition is presented; or<\/span><\/p>

(c) at any time in the period of 3 years ending with that\u00a0day\u2014<\/span><\/p>

(i) has been ordinarily resident, or has had a place of residence, in Hong Kong; or<\/span><\/p>

(ii)\u00a0<\/span>has carried on business in Hong Kong.<\/span><\/p>

When a debtor claims that s\/he has abandoned his or her domicile of origin and acquired a domicile of choice elsewhere, the burden shifts to the debtor to prove, on the balance of probabilities, that s\/he has abandoned her domicile and acquire a domicile elsewhere.<\/p>

The principle as set out in Re Chow Kan Fai [2004] 1 HKLRD 161 can be summarized as follow:<\/p>