Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 20C

Cases in which interim order can be made

(1) The court shall not make an interim order on an application under
section 20A unless it is satisfied-

   (a)  that the debtor intends to make a proposal;

   (b)  that on the day of the making of the application the debtor was an
        undischarged bankrupt or was able to petition for his own bankruptcy;
        and

   (c)  that no previous application has been made by the debtor for an
        interim order in the period of 12 months ending with that day.

(2) The court may make an order if it thinks that it would be appropriate to
do so for the purpose of facilitating the consideration and implementation of
the debtor's proposal.

(3) Where the debtor is an undischarged bankrupt, the interim order may
contain provision as to the conduct of the bankruptcy, and the administration
of the bankrupt's estate, during the period for which the order is in force.

(4) Subject to subsections (5) and (6), the provision contained in an interim
order by virtue of subsection (3) may include provision staying proceedings in
the bankruptcy or modifying any provision of this Ordinance or the rules in
their application to the debtor's bankruptcy.

(5) An interim order shall not, in relation to a bankrupt, make provision
relaxing or removing any of the requirements of this Ordinance or the rules,
unless the court is satisfied that that provision is unlikely to result in any
significant diminution in, or in the value of, the debtor's estate for the
purposes of the bankruptcy.

(6) Subject to sections 20A to 20L, an interim order made on an application
under section 20A ceases to have effect at the end of the period of 14 days
beginning with the day after the making of the order. <* Note - Exp. X-Ref.: Sections 20A, 20B, 20C, 20D, 20E, 20F, 20G, 20H, 
 20I, 20J, 20K, 20L *>
(Added 76 of 1996 s. 13)