Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 17A

Summoning of meeting to appoint first trustee

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

(1) Where a bankruptcy order has been made and no order for the summary
administration of the bankrupt's estate has been made, it is the duty of the
Official Receiver, as soon as practicable in the period of 12 weeks beginning
with the day on which the order was made, to decide whether to summon a
general meeting of the bankrupt's creditors for the purpose of appointing a
trustee.

(2) This section does not apply where a criminal bankruptcy order was made and
it is subject to the provision made in section 17B(3).

(3) Subject to section 17B, if the Official Receiver decides not to summon
such a meeting, he shall, before the end of the period of 12 weeks referred to
in subsection (1), give notice of his decision to the court and to every
creditor of the bankrupt who is known to the Official  Receiver or is
identified in the bankrupt's statement of affairs.

(4) On the date of the giving to the court of a notice under subsection (3)
the Official Receiver is the trustee. (Added 76 of 1996 s. 11)