Hong Kong Personal Insolvency Manual 3rd ed

Since the publication of the Second Edition of The Hong Kong Personal Insolvency Manual in 2010 and the Fourth Edition of its companion volume, The Hong Kong Corporate Insolvency Manual in 2018, there have been significant developments in the personal insolvency law and practice in Hong Kong. This Third Edition of The Hong Kong Personal Insolvency Manual addresses personal insolvency law developments and updates the discussion of case law and legislative enactments. It will be a valuable resource for accounting and legal professionals working in the insolvency field, as well as for bankers, academics and university students.

Extensive expansion of Chapter 1, ‘Introduction to Personal Insolvency in Hong Kong,’ including much more data about Hong Kong personal insolvency law;

• Identification of a dramatic increase in the number of convictions for bankrupts committing offenses under BO, ss 43A, 129 and 134. (Chapter 1);
• Inclusion of many more tables and a few more charts;
• Discussion of legislative updates – eg, the Bankruptcy (Amendment) Ordinance 2016 (1 of 2016) (to address problems relating to the discharge from bankruptcy for absconding debtors) and measures introduced in the aftermath of the COVID-19 pandemic;
• Discussion of Official Receiver’s Office (ORO) Letters to IPs and Circulars – eg, the 2022 ORO Letter to IPs regarding Summary Procedure Order Applications by Provisional Trustees in Bankruptcy Cases and the 2022 ORO Circular regarding Abuse of Bankruptcy Process;
• Examination of how the court handles bankruptcy petitions with reference to the practice directions established by the Hong Kong Judiciary (Chapter 6);
• Discussion of how trustees in bankruptcy administer the finances of the bankruptcy estate under the scrutiny of the ORO (Chapter 7); and
• Exploration of a developing regime of bankruptcy litigation in Hong Kong in which trustees in bankruptcy commence order for sale proceedings against landed properties in Hong Kong originally co-owned by the bankrupt and a solvent co-owner in an attempt to benefit the bankruptcy estate (Chapter 9).

table of content

CHAPTER 1 INTRODUCTION TO THE LEGAL PROFESSION IN HONG KONG

CHAPTER 2 THE SOURCES OF HONG KONG LAWYER'S LEGAL AND ETHICAL RESPONSIBILITIES

CHAPTER 3 ADMISSION TO PRACTICE - SOLICITORS

CHAPTER 4 THE NATURE OF THE SOLICITOR'S PRACTICE AND THE SOLICITOR'S MANAGEMENT OF HIS OFFICE

CHAPTER 5 PRACTICE PROMOTION AND THE OBTAINING OF BUSINESS

CHAPTER 6 THE RETAINER

CHAPTER 7 REMUNERATION

CHAPTER 8 CONFIDENTIALITY AND LEGAL PROFESSIONAL PRIVILEGE

CHAPTER 9 CONFLICTS OF INTEREST AND DUTIES

CHAPTER 10 COMPETENCE, QUALITY OF SERVICE AND NEGLIGENCE

CHAPTER 11 THE LITIGATION SOLICITOR

CHAPTER 12 PROFESSIONAL UNDERTAKINGS

CHAPTER 13 SOLICITORS’ DUTIES AND THEIR RELATIONS WITH THE PROFESSION, THE PUBLIC

AND THIRD PARTIES

CHAPTER 14 ‘EMPLOYED’ (IN-HOUSE) SOLICITORS

CHAPTER 15 SOLICITORS AND THE DISCIPLINARY

PROCESS

CHAPTER 16 ADMISSION TO PRACTICE - BARRISTERS

CHAPTER 17 THE ORGANISATION OF CHAMBERS

CHAPTER 18 COUNSEL’S RELATIONSHIP WITH INSTRUCTING SOLICITOR: TAKING INSTRUCTIONS AND THE SCOPE OF COUNSEL’S AUTHORITY

CHAPTER 19 NEGOTIATION AND RECOVERY OF FEES

CHAPTER 20 THE DUTIES OF THE BARRISTER TO THE PUBLIC AND TO HIS PROFESSION

CHAPTER 21 PRACTICE PROMOTION, ADVERTISING AND PUBLICITY

CHAPTER 22 THE BARRISTER'S DUTY TO THE LAY CLIENT

CHAPTER 23 THE ADVOCATE'S CONDUCT BEFORE TRIAL AND IN COURT

CHAPTER 24 EMPLOYER BARRISTERS AND NON-PRACTISING BARRISTERS

CHAPTER 25 BARRISTERS AND THE DISCIPLINARY PROCESS

CHAPTER 26 THE DUTIES OF COUNSEL FOR THE PROSECUTION