《LAWS OF HONG KONG BANKRUCY ORDINANCE CHAPTER 6》

CHAPTER 6BANKRUPTCY ORDINANCE8

ARRANGEMENT OF SECTIONS8

PART ⅠSHORT TITLE AND INTERPRETATION8

1. Short title8

2. Interpretation8

PART ⅡPROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE9

Acts of bankruptcy9

3.Acts of bankruptcy9

4. Bankruptcy notices11

Receiving order and Official Receiver11

5.Jurisdiction to make receiving order11

6. Conditions on which creditor may petition11

7. Liability of firm to have receiving order made against it12

8. Powers of Official Receiver and duties of debtor on petition being filed13

9. Creditor's petition and order thereon13

10. Debtor's petition and order thereon14

11. Appearance of Official Receiver on petition14

12. Effect of receiving order14

13. Power to appoint interim receiver15

14. Power to stay pending proceedings15

15. Power to appoint special manager15

16. Advertisement of receiving order15

Proceedings consequent on order16

17.First and other meetings of creditors16

18. Debtor's statement of affairs16

Public examination ofdebtor17

19.Public examination of debtor17

19A. Power of court to dispense with public examination of debtor on application of Official Receiver18

Compositions and schemes of arrangement18

20.Compositions and schemes of arrangement18

21. Effect of composition or scheme20

Adjudication ofbankruptcy20

22.Adjudication of bankruptcy where composition not accepted or not approved20

23. Appointment of trustee21

24. Committee of inspection21

25. Power to accept composition or scheme after adjudication23

Control over person and property ofdebtor23

26.Duties of debtor as to discovery and realization of property23

27. Arrest of debtor under certain circumstances24

28. Re-direction of debtor's telegrams and letters25

29. Inquiry as to debtor's conduct, dealings and property25

30. Discharge of bankrupt26

31. Fraudulent settlements29

32. Effect of order of discharge29

33. Power for court to annul adjudication in certain cases30

PART ⅢADMINISTRATION OF PROPERTY31

Proof of debts31

34.Description of debts provable in bankruptcy31

35. Mutual credit and set-off32

36. Rules as to proof of debts32

37. Priority of costs and charges32

38. Priority of debts33

39. Preferential claims in case of apprenticeship36

40. Landlord's power of distress36

41. Postponement of husband's and wife's claims36

Property available for payment ofdebts37

42.Relation back of trustee's title37

43. Description of bankrupt's property divisible amongst creditors37

44. Provisions as to second bankruptcy37

Effect of bankruptcy on antecedent and other transactions38

45.Restriction of rights of creditor under execution or attachment38

46. Duties of bailiff as to goods taken in execution39

47. Avoidance of certain settlements40

48. Avoidance of general assignments of book debts unless registered41

49. Avoidance of preference in certain cases41

49A. Liabilities and rights of certain fraudulently preferred persons42

50. Protection of bona.fide transactions without notice42

51. Validity of certain payments to bankrupt and assignee43

52. Dealings with undischarged bankrupt43

Realization of property44

53.Possession of property by trusstee44

54. Seizure of property of bankrupt44

55. Sale of property out of Hong Kong45

56. Appropriation of portion of pay, etc. to creditors45

57. [Repealed]45

58. Vesting and transfer of property45

59. Disclaimer of onerous property45

60. Powers of trustee to deal with property47

61. Powers exercisable by trustee with permission of committee of inspection48

62. Power to allow bankrupt to manage property49

63. Allowance to bankrupt for maintenance or service49

64. Right of trustee to inspect goods pawned, etc49

65. Limitation of trustee's powers in relation to copyright49

66. Protection of Official Receiver and trustee from personal liability in certain cases50

Distribution ofproperty50

67.Declaration and distribution of dividends50

68. Joint and separate dividends50

69. Provision for creditors residing at a distance, etc50

70. Right of creditor who has not proved debt before declaration of a dividend51

71. Interest on debts51

72. Final dividend52

73. No action for dividend52

74. Right of bankrupt to surplus52

PART ⅢACRIMINAL BANKRUPTCY52

Interpretation52

74A.Interpretation52

Official Petitioner52

74B.Office and functions of Official Petitioner52

General53

74C.Effect of criminal bankruptcy order53

PART ⅣOFFICIAL RECEIVER53

75. Appointment of Official Receiver53

76. Status of Official Receiver54

77. Duties of Official Receiver as regards the debtor's conduct54

78. Duties of Official Receiver as to debtor's estate55

PART ⅤTRUSTEES IN BANKRUPTCY55

Official name55

79.Official name of trustee55

Appointment56

79A.Disqualification for appointment as trustee56

79B. Corrupt inducement affecting appointment as trustee56

80. Power to appoint joint or successive trustees56

81. Proceedings in case of vacancy in office of trustee56

Control over trustee57

82.Discretionary powers of trustee and control thereof57

83. Appeal to court against trustee57

84. Control of court over trustee57

Remuneration and costs58

85.Remuneration of trustee58

86. Allowance and taxation of costs58

Receipts, payments, accounts, audit59

87.Trustee to furnish list of creditors59

88. Trustee to furnish statement of accounts59

89. Annual statement of proceedings59

90. Trustee not to pay into private account59

91. Payment of moneys into bank60

92. Record and account to be kept by trustee60

93. Audit of trustee's accounts61

Vacation of office by trustee61

94.Release of trustee61

95. Office of trustee vacated by insolvency62

96. Removal of trustee62

PART ⅥCONSTITUTION. PROCEDURE AND POWERS OF COURT62

Jurisdiction62

97.General power of court62

Review and appeals63

98.Review and appeals in bankruptcy63

Procedure63

99.General rules of procedure63

99A. Jurisdiction of Registrar63

100. Discretionary powers of court64

100A. Court may make a regulating order65

100B. First meeting and composition65

100C. Adjudication66

100D. Trustee66

100E. Committee of inspection66

100F. Informing creditors and ascertaining their wishes67

100G. Creditors to give notice of intention to take part in public examination67

100H. Proof of debts in the case of banks67

101. Consolidation of petitions67

102. Power to change carriage of proceedings68

103. Continuance of proceedings on death of debtor68

104. Power to stay proceedings68

105. Power to present petition against one partner68

106. Power to dismiss petition against some respondents only68

107. Actions by trustee and bankrupt's partners68

108. Actions on joint contracts68

109. Proceedings in partnership name68

PART ⅦSUPPLEMENTAL PROVISIONS69

Disobedience to order of court69

110.Disobedience to order of court69

Application of Ordinance69

111.Exclusion of corporations, companies and limited partnerships69

112. Administration in bankruptcy of estate of person dying insolvent69

112A. Application of Ordinance to small bankruptcies71

General rules71

113.Power to make general rules71

Fees and remuneration72

114.Fees and remuneration72

115. Disposal of Official Receiver's fees72

Evidence72

116.Evidence of proceedings at meetings of creditors72

117. Evidence of proceedings in bankruptcy72

118. Swearing of affidavits72

119. Death of debtor or witness72

120. Statements made to Official Receiver or trustee through an interpreter73

121. Certificate of appointment of trustee73

Miscellaneous73

122.Computation of time73

123. Servicc of notices73

124. Formal defect not to invalidate proceedings73

125. Exemption of documents from stamp duty74

126. Acting of corporations. partners. etc74

127. Ccrtain provisions to bind Crown74

Unclaimedfunds or dividends74

128.Unclaimed and undistributed dividends or funds74

128A. Deposit of surplus cash balances75

PART ⅧBANKRUPTCY OFFENCES75

129. Fraudulent debtors75

130. Certain offences by persons other than the debtor78

131. Undischarged bankrupt obtaining credit78

132. Frauds by bankrupts, etc79

133. Bankrupt guilty of gambling, etc79

134. Bankrupt failing to keep proper accounts80

135. Bankrupt absconding with property81

136. Debtor concealing himself to avoid service, etc81

137. [Repealed]81

138. Order by court for prosecution on report of trustee81

139. Criminal liability after discharge or composition81

140. Trial and punishmcnt of offences82

141. Evidence as to frauds by agents82

142. Summary prosecution82

Schedule.Criminal Bankruptcy Orders82