Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 19

Public examination of bankrupt

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

Public examination of debtor

(1) Where a bankruptcy order has been made, the Official Receiver may at any
time before the discharge of the bankrupt apply to the court for the public
examination of the bankrupt.

(2) Unless the court otherwise orders, the Official Receiver shall make an
application under subsection (1) if notice requiring him to do so is given to
him, in accordance with the rules, by one of the bankrupt's creditors with the
concurrence of not less than 1/4 in value of such creditors (including the
creditor giving notice).

(3) Where one of the bankrupt's creditors, without the requisite concurrence
under subsection (2), so requests, the Official Receiver shall make an
application under subsection (1) but, notwithstanding subsection

(4), the court may decline to direct that a public examination of the bankrupt
be held.

(4) On an application under subsection (1), the court shall direct that a
public examination of the bankrupt shall be held on a day appointed by the
court; and the bankrupt shall attend on that day and be publicly examined as
to his affairs, dealings and property.

(5) The following may take part in the public examination of the bankrupt and
may question him concerning his affairs, dealings and property and the causes
of his failure-

   (a)  the Official Receiver and, in the case of a debtor adjudged bankrupt
        on a petition under section 3(1)(d), the Official Petitioner;

   (b)  the trustee, if his appointment has taken effect;

   (c)  any person who has been appointed as special manager of the bankrupt's
        estate or business;

   (d)  any creditor of the bankrupt who has tendered a proof in the
        bankruptcy.

(6) The bankrupt may, but not at the expense of the estate, employ a solicitor
with or without counsel, who may put to him such questions as the court may
allow for the purpose of enabling him to explain or qualify any answer given
by him, and may make representations on his behalf.

(7) There shall be made in writing such record of the examination as the court
thinks proper and the record shall be read over either to or by the bankrupt,
signed by him, and verified by affidavit at a venue fixed by the court.

(8) Where the Official Receiver, after a public examination is held, is of the
opinion that the application for the holding of the public examination was
frivolous or vexatious, he may apply to the court for an order that the
creditors who required the public examination to be held pay, on a pro rata
basis based on value of debts, the costs incurred by the Official Receiver in
holding it and the court may, if it agrees, assess the costs incurred and make
an order for the pro rata payment of such costs.

(9) It shall be the duty of a bankrupt examined under this section to answer
all questions that the court may put or allow to be put to him.

(10) Evidence given on oath under this section shall not be admissible in
criminal proceedings other than for perjury by the person who gave it.
(Replaced 76 of 1996 s. 13)