Hong Kong Ordinances Hong Kong Ordinances
- CHAPTER 6
TABLE OF PROVISIONS
Long Title
1. Short title
2. Interpretation
3. Who may present a bankruptcy petition
4. Conditions to be satisfied in respect of debtor
5. Other preliminary conditions
6. Grounds of creditor's petition
6A. Definition of "inability to pay", etc.; the statutory demand
6B. Creditor with security
6C. Expedited petition
6D. Proceedings on creditor's petition
7. Liability of firm to have bankruptcy order made against it
8. Powers of Official Receiver and duties of debtor on petition being
filed
9. Creditor's petition and order thereon
10. Grounds of debtor's petition
11. Appearance of Official Receiver on petition
12. Effect of bankruptcy order
13. Power to appoint interim trustee
14. Power to stay pending proceedings
15. Power to appoint special manager
16. Advertisement of bankruptcy order
17. Power to make appointment of trustees
17A. Summoning of meeting to appoint first trustee
17B. Power of creditors to requisition meeting
18. Statement of affairs
19. Public examination of bankrupt
19A. (Repealed 76 of 1996 s. 13)
20. Interim order
20A. Application for interim order
20B. Effect of application
20C. Cases in which interim order can be made
20D. Nominee's report on debtor's proposal
20E. Summoning of creditors' meeting
20F. Decisions of creditors' meeting
20G. Report of decisions to court
20H. Effect of approval
20I. Effect where debtor an undischarged bankrupt
20J. Challenge of meeting's decision
20K. Implementation and supervision of approved voluntary arrangement
20L. Default in connection with voluntary arrangement
21. (Repealed 76 of 1996 s. 13)
22. (Repealed 76 of 1996 s. 13)
23. Provisions where person other than Official Receiver is appointed
trustee
24. Creditors' committee
25. (Repealed 76 of 1996 s. 16)
26. Duties of debtor as to discovery and realization of property
27. Arrest of debtor under certain circumstances
29. Inquiry as to bankrupt's conduct, dealings and property
30. Commencement and continuance of bankruptcy
30A. Discharge from bankruptcy
30B. Early discharge of bankrupt
30C. Bankruptcy order made before sections 30 to 30B come into operation
30D. Order for production of documents by Commissioner of Inland Revenue
30E. Supplies of gas, water, electricity, etc.
32. Effect of order of discharge
33. Court's power to annul bankruptcy order
34. Description of debts provable in bankruptcy
35. Mutual credit and set-off
36. Rules as to proof of debts
37. Priority of costs and charges
38. Priority of debts
39. Preferential claims in case of apprenticeship
40. Landlord's power of distress
41. Spouse's claim postponed
42. Restrictions on dispositions of property
43. Definition of bankrupt's estate
43A. After-acquired property
43B. Vesting in trustee of certain items of excess value
43C. Time-limit for notice under section 43A or 43B
43D. Application by bankrupt or creditor to include or exclude items from
the bankrupt's estate
43E. Income payments orders
43F. Continuing occupation of family home
44. Provisions as to second bankruptcy
45. Restriction of rights of creditor under execution or attachment
46. Duties of bailiff as to goods taken in execution
47. (Repealed 76 of 1996 s. 34)
48. Avoidance of general assignments of book debts unless registered
49. Transactions at an undervalue
49A. (Repealed 76 of 1996 s. 36)
50. Unfair preferences
51. "Relevant time" under sections 49 and 50
51A. Orders under sections 49 and 50
51B. Meaning of "associate"
52. Dealings with undischarged bankrupt
53. Possession of property by trustee
54. Seizure of property of bankrupt
55. Sale of property out of Hong Kong
56. (Repealed 76 of 1996 s. 39)
57. (Repealed)
58. Vesting and transfer of property
59. Disclaimer of onerous property
60. Powers of provisional trustee and trustee to deal with property of
the bankrupt
61. Powers exercisable by trustee with permission of creditors' committee
61A. Control of trustee by court
62. Power to allow bankrupt to manage property
63. Allowance to bankrupt for maintenance or service
64. Right of trustee to inspect goods pawned, etc.
65. Limitation of trustee's powers in relation to copyright
66. Protection of Official Receiver and trustee from personal liability
in certain cases
67. Declaration and distribution of dividends
69. Provision for creditors residing at a distance, etc.
70. Right of creditor who has not proved debt before declaration of a
dividend
71. Interest on debts
71A. Extortionate credit transactions
72. Final dividend
73. No action for dividend
74. Right of bankrupt to surplus
74A. Interpretation
74B. Office and functions of Official Petitioner
74C. Effect of criminal bankruptcy order
75. Appointment of Official Receiver and other officers
76. Status of Official Receiver
76A. Transitional provision
77. Duties of Official Receiver as regards the bankrupt's conduct
78. Duties of Official Receiver as to bankrupt's estate
79. Official name of trustee and provisional trustee
79A. Disqualification for appointment as trustee
79B. Corrupt inducement affecting appointment as trustee
80. Power to appoint joint or successive trustees and provisional
trustees
81. Proceedings in case of vacancy in office of trustee
81A. Vacancy in office of provisional trustee
82. Discretionary powers of trustee and control thereof
83. Appeal to court against trustee
84. Control of court over trustee
85. Remuneration of trustee
85A. Remuneration of provisional trustee and the first trustee constituted
under section 112A
86. Allowance and taxation of costs
86A. Duties of trustee as regards the bankrupt's conduct
86B. Duties of trustee as regards the bankrupt's estate
87. Trustee to provide list of creditors
88. Trustee to provide statement of accounts
89. Annual statement of proceedings
90. Trustee not to pay into private account
91. Payment of moneys into bank
92. Record and account to be kept by trustee
93. Audit of trustee's accounts
94. Release of trustee
95. Office of trustee vacated by insolvency
96. Removal of trustee
97. General power of court
98. Review and appeals in bankruptcy
99. General rules of procedure
99A. Jurisdiction of Registrar
100. Discretionary powers of court
100A. Court may make a regulating order
100B. First meeting and composition
100C. (Repealed 76 of 1996 s. 53)
100D. Appointment and removal of trustee after the making of regulating
order
100E. Creditors' committee
100F. Informing creditors and ascertaining their wishes
100H. Proof of debts in the case of banks
101. Consolidation of petitions
102. Power to change carriage of proceedings
103. Continuance of proceedings on death of debtor
104. Power to stay proceedings
105. Power to present petition against one partner
106. Power to dismiss petition against some respondents only
107. Actions by trustee and bankrupt's partners
108. Actions on joint contracts
109. Proceedings in partnership name
110. Disobedience to order of court
111. Exclusion of corporations, companies and limited partnerships
112. Administration in bankruptcy of estate of person dying insolvent
112A. Application of Ordinance to small bankruptcies
113. Power to make general rules
114. Fees and remuneration
115. Disposal of Official Receiver's fees
116. Evidence of proceedings at meetings of creditors
117. Evidence of proceedings in bankruptcy
118. Swearing of affidavits
119. Death of debtor or witness
120. Statements made to Official Receiver or trustee through an
interpreter
121. Certificate of appointment of trustee
122. Computation of time
123. Service of notices
124. Formal defect not to invalidate proceedings
125. Exemption of documents from stamp duty
126. Acting of corporations, partners, etc.
127. Certain provisions to bind Crown
128. Unclaimed and undistributed dividends or funds
128A. Deposit of surplus cash balances
129. Fraudulent debtors
130. Certain offences by persons other than the bankrupt
131. Undischarged bankrupt obtaining credit
133. Bankrupt guilty of gambling, etc.
134. Bankrupt failing to keep proper accounts
135. Bankrupt absconding with property
137. (Repealed)
138. Order by court for prosecution on report of trustee
139. Criminal liability after discharge or composition
140. Trial and punishment of offences
141. Evidence as to frauds by agents
142. Summary prosecution
143. (Omitted as spent)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]