Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 10

Debtor's petition and order thereon

Caution: This is a past version. See the current version here.

(1) A debtor's petition shall allege that the debtor is unable to pay his
debts, and the presentation thereof shall be deemed an act of bankruptcy
without the previous filing by the debtor of any declaration of
inability to pay his debts, and the court shall thereupon make a receiving
order: (See Form 3) Provided that the court in its discretion may refuse the
order if it considers that there is sufficient cause for no order to be made.
(Replaced 45 of 1986 s. 3) In this subsection "sufficient cause"
(充分因由) shall be deemed to include, inter alia, the non-attendance of
the debtor, or in the case of a firm, of at least one of the partners thereof,
on the hearing of the petition, the absence of any material book of account,
or any fraud or misconduct not amounting to fraud by the debtor in relation to
his affairs, or in the case of a firm or person carrying on business under a
Chinese firm name, the non-production of the partnership book or of the
receipt and money-payment chops used in connection with the business.

(2) A debtor's petition shall not after presentment be withdrawn without the
leave of the court. [cf. 1914 c. 59 s. 6 U.K.] "sufficient cause"
(充分因由)