BANKRUPTCY ORDINANCE - minor amendment

BANKRUPTCY ORDINANCE - minor amendment

CHAPTER 6

BANKRUPTCY

1. The Bankruptcy Ordinance is amended-

(1)in section 9 by repealing 'same manner as a writ of summons
unless some other manner of service be prescribed' and
substituting 'prescribed manner';

(2) in section 32(1) by adding after paragraph (a)---

(aa) from any liability to pay any amount under a confiscation
order made under the Drug Trafficking (Recovery of
Proceeds) Ordinance (Cap. 405); or (Added 35 of 1989 s.
32)

(3) in section 38(1)-
(a) in paragraph (b)(i) by adding after 'Fund'-

under section 18 of the Protection of Wages on
Insolvency Ordinance

(b) in paragraph (b)(ii) by repealing 'period beginning 4 months
next before the date of the filing of the petition and ending on
the making of a receiving order not exceeding, together with
any payment under subparagraph (i), $300 and substituting--
period

(A)beginning 4 months next before the date of the
filing of the petition and ending on the making
of the receiving order; or

(B)beginning 4 months next before the date of
application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund, and ending on
that date of application,

whichever is the earlier, not exceeding, together with any payment
under sub-paragraph (i), $300;

(c) in paragraph (c)(i) by adding
after 'Fund'

under section 18 of the Protection of Wages on
Insolvency Ordinance

(d)in paragraph (c)(ii) by repealing 'period beginning 4 months
next before the date of the filing of the petition and ending on
the making of a receiving order not exceeding, together with
any payment under sub-paragraph (i), $100; and substituting--





period-

(A)beginning 4 months next before the date of the
filing of the petition and ending on the making
of the receiving order; or

(B)beginning 4 months next before the date of
application for an ex gratia payment, under
section 16 of the Protection of Wages on
Insolvency Ordinance, from the Protection of
Wages on Insolvency Fund, and ending on
that date of application,

whichever is the earlier, not exceeding, together with any
payment under sub-paragraph (i), $100;

(4) by repealing section 45(2) and substituting---

(2) For the purposes of this Ordinance---

(a)an execution against goods is completed by seizure and
sale or by the making of a charging order under section
20 of the Supreme Court Ordinance;

(b)an attachment of a debt is completed by the receipt of the
debt; and

(c)an execution against land is completed by seizure, by the
appointment of a receiver, or by the making of a charging
order under the said section 20. (Replaced 52 of 1987 s.
44)

(5) in section 93-

(a) by repealing subsection (3) and substituting-

(3) The trustee shall furnish the Official Receiver
with such vouchers and information relating to the
account as he requires, and the Official Receiver may at
any time require the production of, and inspect, any
books or accounts kept by the trustee. (Replaced 39 of
1987 s. 3)

(A) The Official Receiver may at any time cause the
account to be audited. (Added 39 of 1987 s.3)

(b)in subsection (4) by repealing 'it shall be filed and kept by the
Official Receiver and' and substituting

(or, as the case may be, forthwith if the Official Receiver
decides that the account need not be audited) one copy
thereof shall be filed and kept by the Official Receiver,
and the other copy shall be delivered to the court for
filing, and each copy

(c) by adding after subsection (4)-

(4A) Notwithstanding the fact that unaudited copies
of an account have already been filed, the





Official Receiver may subsequently cause that account to
be audited, and in that event a copy of the audited
account shall be filed and kept by the Official Receiver,
and a further copy shall be delivered to the court for
filing, and each copy shall be open, upon payment of the
prescribed fee, to the inspection of any creditor or of the
bankrupt or of any person

interested.(Added 39 of 1987 s. 3)

(d)in subsection (5) by repealing ', after such audit or
examination,';

(6) in section 99 by adding after subsection (2)

(3) Subject to rules made under section 113 limiting the
power conferred by this subsection, the Registrar sitting in
open court shall have power to hear and determine unopposed
bankruptcy petitions and to make receiving orders thereon
(Added 54 of 1988 s. 2)

(7) in section 114

(a)in subsection (1) by adding 'by order' after 'Legislative
Council,';

(b) by adding after subsection (2)-

(3) The amount of any fees prescribed under this
section shall not be limited by reference to the amount of
administrative or other costs incurred or likely to be
incurred by the Official Receiver in proceedings in
bankruptcy or in any particular bankruptcy, (Added 39 of
1987 s.4)

(4) Orders made under this section may authorize the
court to fix any fee or to vary the amount of any fee
otherwise prescribed. (Added 39 of 1987 s. 4)

(5) No fee prescribed under this section shall be
invalid by reason only of the amount of that fee. (Added
39 of 1987s. 4)

(6) Fees required to be paid under orders made
under this section shall be recoverable as a debt. (Added
39 of 1987s. 4)

(7) Orders made under this section before the
commencement* of the Bankruptcy (Amendment)
Ordinance 1987 and in force immediately before such
commencement, shall have effect as from the
commencement of that Ordinance as if made under this
section as amended by that Ordinance. (Added 39 of
1987s.4)

2. The Bankruptcy Rules are amended

(1) in rule 2

(a) by repealing the definition of 'creditor' and substituting-





'creditor' includes a corporation, a firm of creditors in
partnership and, in relation to criminal bankruptcy
proceedings, the Official Petitioner;

(b)by repealing the definition of 'Registrar' and substituting

'Registrar' means the Registrar of the Supreme Court,
and any Deputy or Assistant Registrar of the
Supreme Court;

(2) in rule 5 by repealing paragraph (h);

(3) by repealing rule 6 and substituting--

6. Subject to the provisions of the Ordinance and rules

(a)the Registrar may under the general or special
directions of a judge hear and determine any
application or matter which under the Ordinance and
rules may be heard and determined in chambers;

(b)any matter or application before the Registrar may at
any time be adjourned by him to be heard before
ajudge;

(c)any matter or application may, at any time, if a judge
thinks fit, be adjourned from chambers to court or
from court to chambers, and if all the contending
parties require any matter or application to be
adjourned from chambers to court it shall be so
adjourned

(L.N. 106 of 1987)

(4)in rule 17 by adding 'or an insurance company' after 'society';

(5) in rule 23-

(a)in paragraph (4) by repealing '30' and substituting '$150 or as
the court directs';

(b)in paragraph (6) by repealing 'Treasury' and substituting
'general revenue';

(6)in rule 27 by repealing 'Prisons' and substituting 'Correctional
Services';

(7)in rule 28(1) by repealing 'Prisons' and substituting 'Correctional
Services';

(8) in rule 52(1) by repealing '$1,000' and substituting '$10,000';

(9) by repealing rule 59 and substituting---





59. (1) Service of a creditor's petition shall be effected by
the creditor or his solicitor, or a person in their employment,
delivering a sealed copy of the petition to the debtor. (See
Form 14)

(2) If the court is satisfied by affidavit or other evidence
on oath that prompt personal service cannot be effected
because the debtor is evading service of the petition or any
other legal process, or for any other cause, it may order
substituted service to be effected in such manner as it thinks
fit.

(3) Where an order under paragraph (2) has been carried
out, the petition shall be deemed to have been duly served on
the debtor.

(L.N. 194 of 1987)

(10) in rule 62 by repealing '$300' and substituting '$1,000';

(11) in rule 63 by repealing '$300' and substituting '$1,000';

(12) by adding after rule 107-

107A. Where a resolution is passed at an adjourned
meeting of any creditors, the resolution shall, for all purposes,
be treated as having been passed on the date on which it was
in fact passed, and shall not be deemed to have been passed
on any earlier date.

(L.N. 231 of 1984)

(13) in rule 127(3) by repealing 'Scale' and substituting 'Order';

(14) in rule 130---

(a) in paragraph (1)-

(i) in sub-paragraph (a)(i) by repealing '$3,600' and
substituting '$120,000';

(ii) in sub-paragraph (b) by repealing 'mortgagees'
wherever it occurs and substituting

persons entitled to the mortgage or charge

(b)in paragraph (4) by repealing 'mortgagee' wherever it occurs
and substituting

person entitled to a mortgage or charge

(15) in rule 149A-

(a)in paragraph (5) by repealing 'The' and substituting 'If
required, the';

(b)in paragraphs (6) and (7) by repealing '$100 where it appears
and substituting in each case '$1,000';





(16) by adding after rule 158

158A. Where a debtor against whom a receiving order
has been made has no available assets, the Official Receiver
shall not be required to incur any expense in relation to the
estate unless the court otherwise directs.

(L.N. 143 of 1985)

[cf. S.I. 1952/2113 r. 324 U.K.]

(17) in rule 181 by repealing 'Scale' and substituting 'Order';

(18) by repealing rule 202 and substituting

202. The court may at any time after the date of the
receiving order, on the application of the Official Receiver or
trustee, direct that the books, papers and documents of the
bankrupt or of the Official Receiver or trustee be sold,
destroyed or otherwise disposed of.

(L.N. 231 of 1984)

(19) by repealing 'the Colony' wherever occurring in rules 31,

45(3), 47, 51, 80(2), 134, 136 and 147(1) and substituting 'Hong
Kong'.

3. The Bankruptcy (Forms) Rules are amended in the Schedule

(a) by adding after Form 10

FORM 10A [s. 9; rule
56]

CRIMINAL BANKRUPTCY PETITION

In the High Court of
Justice.

In Bankruptcy.

(Title.)

I, the Official Petitioner [or, I, C.D., of ] [or, We,
C.D., of and E.F., of ]

hereby petition the court that a receiving order may be made in respect of the
estate
of A.B. (a) of (b)and lately residing at [or
carrying on business at (c) and say-

1. That a criminal bankruptcy order was made against the said A.B. in the

Court on the day of 19
and that an office copy ofthe said order is annexed to this petition.

2. That the said order remains in force.

or,

That the said order was amended by the Court of Appeal on the

day of 19 ; that an office copy of







the order ofthe Court of Appeal is annexed to this petition; and that the said
order as
amended by the Court of Appeal remains in force.

3.That according to the said criminal bankruptcy order the said A.B. is

indebted to [insert the names of the persons specified in the order as having
suffered loss
or damage] in the aggregate sum of $[set out the amount of the loss or
damage suffered as specified in the criminal bankruptcy order].





Dated this day of 19

(Signed) Official Petitioner
C.D.
E.F.
(as the case may be).

in my presence.]

Signature of witness.

A ddress.

Description.

NOTE-If there be more than one petitioner, and they do not sign together, the signature of each must be
separately attested, e.g., 'Signed by the petitioner E.F. in my presence.' If the pelition is signed by a firm, the partner
signing should add also his own signature, e.g., 'A.S. & Co. by J.S., a partner in the said firm.

ENDORSEMENT

This petition having been presented to the court on the day of

19 it is ordered that this petition shall be heard at
on the day of 19 at

o'clock in the noon.

And you, the said A.B., are to take notice that if you intend to show cause
against the petition you must file with the Registrar of this Court a notice
specifying the statements which you intend to deny or dispute, and send by post a
copy of the notice to the petitioner and his solicitor, if known, not later than 3
days before the day fixed for the hearing.

(b) to the extent indicated below-

AMENDMENTS To FORMS

No. Amendment

Form 10 By repealing 'the Colony' in the two places
where it occurs and substituting 'Hong
Kong'.
Form 28I By repealing 'Residence' and substituting
'Address'.
Form 46 By repealing '$l stamp' and substituting
'filing fee'.
Form 105 (a) By repealing 'Prisons' in the two places
where it occurs and substituting 'Cor-
rectional Services'.
(b) By repealing 'the Colony' and sub-
stituting 'Hong Kong'.
Form 106 By repealing 'Prisons' and substituting
'Correctional Services'.


Form 107 By repealing 'Prisons' and substituting
'Correctional Services'.
Form 110 (a)By repealing 'Prisons' in the two places
where it occurs and substituting
'Correctional Services'.

(b)By repealing 'the Colony' in the two places
where it occurs and substituting 'Hong
Kong'.
Form 115 (a)By repealing 'Prisons' in the three places
where it occurs and substituting
'Correctional Services'.

(b)By repealing 'the Colony' and substituting
'Hong Kong
Form 116By repealing 'Prisons' and substituting
'Correctional Services'.
Form 117By repealing 'Residence' in the two places
where it occurs and substituting 'Address'.

Form 141 By repealing '[Exempt from stamp duty.]'.
39 of 1987 s. 2. 48 of 1987 s. 8. (Cap. 380) 48 of 1987 s. 8. (Cap. 380.) (Cap. 380.) 48 of 1987 s. 8. (Cap. 380.) (Cap. 4.) 39 of 1987 s. 3. 39 of 1987 s. 4. (39 of 1987) [*3.7.87.] L.N. 152 of 1979 L.N. 231 of 1984 L.N. 231 of 1984 Adjournment from chambers to court and vice versa R9 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 143 of 1985 L.N. 143 of 1985 Resolution passed at adjourned meeting of creditors. L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 No expenses to be incurred where no assets L.N. 143 of 1985 Disposal of books etc. L.N. 231 of 1984 L.N. 153 of 1979 (a) Insert name of debtor. (b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. * Where it is the Official Petitioner who is the petitioner, this attestation is not required. L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 31 if 1981 s. 65.

39 of 1987 s. 2. 48 of 1987 s. 8. (Cap. 380) 48 of 1987 s. 8. (Cap. 380.) (Cap. 380.) 48 of 1987 s. 8. (Cap. 380.) (Cap. 4.) 39 of 1987 s. 3. 39 of 1987 s. 4. (39 of 1987) [*3.7.87.] L.N. 152 of 1979 L.N. 231 of 1984 L.N. 231 of 1984 Adjournment from chambers to court and vice versa R9 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 L.N. 143 of 1985 L.N. 143 of 1985 Resolution passed at adjourned meeting of creditors. L.N. 143 of 1985 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 231 of 1984 L.N. 143 of 1985 No expenses to be incurred where no assets L.N. 143 of 1985 Disposal of books etc. L.N. 231 of 1984 L.N. 153 of 1979 (a) Insert name of debtor. (b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. * Where it is the Official Petitioner who is the petitioner, this attestation is not required. L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 L.N. 232 of 1984 31 if 1981 s. 65.

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