Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 112A

Application of Ordinance to small bankruptcies

(Past version on 01/04/1998).
(Past version on 30/06/1997).

(1) Subject to subsection (2), where a bankruptcy order is made against a
debtor and- (Amended 76 of 1996 s. 60)

   (a)  the court receives proof to its satisfaction; or

   (b)  the provisional trustee reports to the court, that the property of the
        debtor is not likely to exceed in value $200000, the court may make an
        order that the debtor's estate be administered in a summary manner,
        and thereupon the provisions of this Ordinance shall apply subject to
        the following modifications- (Amended 26 of 1985 s. 3)

(ia) the first meeting of creditors shall be dispensed with; (Replaced 76 of
1996 s. 60)

        (i)    the provisional trustee shall be the trustee in the bankruptcy;
               (Amended 76 of 1996 s. 60)

        (ii)   there shall be no creditors' committee, and the trustee may do
               all things which may be done by a trustee with the permission
               of a creditors' committee; (Amended 76 of 1996 s. 74)

        (iii)  such other modifications as may be prescribed with a view to
               saving expense and simplifying procedure, but nothing in this
               section shall permit the modification of the provisions of this
               Ordinance relating to the examination or discharge of the
               bankrupt. (Amended 76 of 1996 s. 72)

(2) The court may, upon the application of the trustee, at any time before the
discharge of the bankrupt rescind an order made under subsection (1) and
thereupon the administration shall proceed as if the order had not been made.
(Amended 76 of 1996 s. 72) (Added 1 of 1976 s. 6. Amended 18 of 2005 s. 42)
[cf. 1914 c. 47 s. 129 U.K.]