Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 129

Fraudulent debtors

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

PART VIII

BANKRUPTCY OFFENCES

(1) Any person who has been adjudged bankrupt shall in each of the cases
following be guilty of an offence- (Amended 76 of 1996 s. 63)

   (a)  if he does not to the best of his knowledge and belief fully and truly
        discover to the trustee all his property, real and personal, and how
        and to whom and for what consideration and when he disposed of any
        part thereof, except such part as has been disposed of in the ordinary
        way of his trade (if any) or laid out in the ordinary expenses of his
        family, unless he proves that he had no intent to defraud;

   (b)  if he does not deliver up to the trustee, or as he directs, all such
        part of his movable or immovable property as is in his custody or
        under his control and which he is required by law to deliver up,
        unless he proves that he had no intent to defraud;

   (c)  if he does not deliver up to the trustee, or as he directs, all books,
        documents, papers and writings in his custody or under his control
        relating to his property or affairs, unless he proves that he had no
        intent to defraud;

   (d)  if, after the presentation of a bankruptcy petition by or against him
        or within 12 months next before such presentation, he conceals any
        part of his property to the value of $50 or upwards or conceals any
        debt due to or from him, unless he proves that he had no intent to
        defraud;

   (e)  if, after the presentation of a bankruptcy petition by or against him
        or within 12 months next before such presentation, he fraudulently
        removes any part of his property to the value of $50 or upwards;

   (f)  if he makes any material omission or misstatement in any statement
        relating to his affairs, unless he proves that he had no intent to
        defraud;

   (g)  if, knowing or having any reason to believe that a false debt has been
        proved by any person under the bankruptcy, he fails for the period of
        a month to inform the trustee thereof;

   (h)  if, after the presentation of a bankruptcy petition by or against him,
        he prevents or is party or privy to preventing the production of any
        book, document, paper or writing affecting or relating to his property
        or affairs, unless he proves that he had no intent to conceal the
        state of his affairs or to defeat the law;

   (i)  if, after the presentation of a bankruptcy petition by or against him
        or within 12 months next before such presentation, he removes,
        conceals, destroys, mutilates or falsifies or is privy to the removal,
        concealment, destruction, mutilation or falsification of any book or
        document affecting or relating to his property or affairs, unless he
        proves that he had no intent to conceal the state of his affairs or to
        defeat the law;

   (j)  if, after the presentation of a bankruptcy petition by or against him
        or within 12 months next before such presentation, he makes or is
        privy to the making of any false entry in any book or document
        affecting or relating to his property or affairs, unless he proves
        that he had no intent to conceal the state of his affairs or to defeat
        the law;

   (k)  if, after the presentation of a bankruptcy petition by or against him
        or within 12 months next before such presentation, he fraudulently
        parts with, alters or makes any omission in, or is privy to the
        fraudulently parting with, altering or making any omission in, any
        document affecting or relating to his property or affairs;

   (l)  if, after the presentation of a bankruptcy petition by or against him
        or at any meeting of his creditors within 12 months next before such
        presentation, he attempts to account for any part of his property by
        fictitious losses or expenses;

   (m)  -(n) (Repealed 21 of 1970 s. 35)

   (o)  if, within 12 months next before the presentation of a bankruptcy
        petition by or against him or after the presentation of a bankruptcy
        petition and before the making of a bankruptcy order, he pawns,
        pledges or disposes of any property which he has obtained on credit
        and has not paid for, unless, in the case of a trader, such pawning,
        pledging or disposing is in the ordinary way of his trade, and unless
        in any case he proves that he had no intent to defraud; (Amended 76 of
        1996 s. 73)

   (p)  if he is guilty of any false representation or other fraud for the
        purpose of obtaining the consent of his creditors or any of them to an
        agreement with reference to his affairs or to his bankruptcy. (Amended
        33 of 1939; G.N. 840 of 1940 Supp. Schedule; 50 of 1991 s. 4)

(2) A person who has sent out of Hong Kong any property which he has obtained
on credit and has not paid for shall until the contrary is proved be deemed to
have disposed of the same otherwise than in the ordinary way of his trade if,
such property not having been paid or accounted for at the date of the
bankruptcy order by the person to whom the same was sent, such last-mentioned
person does not pay or account for the same within a reasonable time after
being called upon to do so by the trustee or cannot be found within a
reasonable time. (Amended 47 of 1984 s. 16; 76 of 1996 s. 73)

(3) In any prosecution under subsection (1)(i) the absence of any such book or
document as is referred to in the said paragraph shall be prima facie evidence
that such book or document was removed by the bankrupt contrary to the
provisions of the said paragraph or that he was privy to its removal contrary
to those provisions, and thereupon the onus shall be upon the bankrupt to
prove that he did not so remove such book or document and that he was not
privy to such removal. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule;
76 of 1996 s. 72)

(4) In any prosecution under subsection (1)(i) the mutilation or falsification
of any such book or document as is referred to in the said paragraph shall be
prima facie evidence that such book or document was mutilated or falsified by
the bankrupt in contravention of the provisions of the said paragraph or that
he was privy to its mutilation or falsification contrary to those provisions,
and thereupon the onus shall be upon the bankrupt to prove that he did not so
mutilate or falsify the said book or document and that he was not privy to
such mutilation or falsification. (Amended 33 of 1939; G.N. 840 of 1940 Supp.
Schedule; 76 of 1996 s. 72)

(5) Any person guilty of an offence in the cases mentioned in subsection
(1)(o) shall be liable on summary conviction to imprisonment for 1 year or
upon conviction on indictment to imprisonment for 5 years. (Amended 33 of
1939; G.N. 840 of 1940 Supp. Schedule; 50 of 1991 s. 4)

(6) For the purposes of this section, "trustee" (受託人) includes a
provisional trustee and the Official Receiver, whether acting as Official 
Receiver or as a trustee. (Amended 18 of 2005 s. 45) [cf. 1914 c. 59 s. 154
U.K. 1926 c. 7 s. 5 U.K.]

"trustee" (受託人)