Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 29

Inquiry as to bankrupt's conduct, dealings and property

(Past version on 30/06/1997).

(1) The court may, on the application of the Official Receiver or trustee, at
any time after a bankruptcy order has been made against a bankrupt summon
before it the bankrupt or his spouse, or any person known or suspected to have
in his possession any of the estate or effects belonging to the bankrupt or
supposed to be indebted to the bankrupt, or any person whom the court may deem
capable of giving information respecting the bankrupt, his dealings or
property, and the court may require any such person to produce any documents
in his custody or power relating to the bankrupt, his dealings or property.
(Amended 76 of 1996 ss. 71, 72 and 73)

(1A) The court may require a person referred to in subsection (1), other than
the bankrupt, to submit an affidavit to the court containing an account of his
dealings with the bankrupt or to produce any documents in his possession or
under his control relating to the bankrupt or the bankrupt's dealings, affairs
or property. (Added 76 of 1996 s. 19)

(2) If any person so summoned, after having been tendered a reasonable sum,
refuses to come before the court at the time appointed, or refuses to produce
any such document, having no lawful impediment made known to the court at the
time of its sitting and allowed by it, the court may, by warrant, cause him to
be apprehended and brought up for examination.

(3) The court may, by itself or by a commissioner appointed for the purpose,
examine on oath, either by word of mouth or by written interrogatories, any
person so brought before it concerning the bankrupt, his dealings or property
and any other matter the court considers relevant. (Amended 76 of 1996 ss. 19
and 72)

(3A) It shall be the duty of a person examined under subsection (3) to answer
all questions that the court may put or allow to be put to him. (Added 76 of
1996 s. 19)

(3B) Evidence given on oath under this section shall not be admissible in
criminal proceedings other than for perjury by the person who gave it. (Added
76 of 1996 s. 19)

(4) If on the examination of any person it appears to the court that he is
indebted to the bankrupt, the court may, on the application of the
Official Receiver or trustee, order him to pay to the Official  Receiver or
trustee, at such time and in such manner as to the court seems expedient, the
amount admitted or any part thereof, either in full discharge of the whole
amount in question or not, as the court thinks fit, with or without costs of
the examination. (Amended 76 of 1996 ss. 19 and 72)

(5) If on the examination of any person it appears to the court that he has in
his possession any property belonging to the bankrupt, the court may, on the
application of the Official Receiver or trustee, order him to deliver to the
Official Receiver or trustee such property or any part thereof, at such time
and in such manner and on such terms as to the court may seem just. (Amended
76 of 1996 ss. 19 and 72)

(6) The court may, if it thinks fit, order that any person who if in Hong Kong
would be liable to be brought before it under this section shall be examined
in any place out of Hong Kong by a commissioner appointed for the purpose.
(Amended 47 of 1984 s. 16)

(7) In the case of the death of the bankrupt or his spouse or of any other
witness whose evidence has been duly taken under this Ordinance, the
deposition of the person so deceased purporting to be sealed with the seal of
the court, or a copy thereof purporting to be so sealed, shall in all legal
proceedings be admitted as evidence of the matters therein deposed to, saving
all just exceptions. (Amended 76 of 1996 ss. 71 and 72) [cf. 1914 c. 59 s. 25
U.K.]