Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 30E

Supplies of gas, water, electricity, etc.

(Past version on 01/04/1998).

(1) This section applies where on any day ("the relevant day")-

   (a)  a bankruptcy order is made against a debtor; or

   (b)  a voluntary arrangement proposed by a debtor is approved at a meeting
        summoned under section 20E,
and in this section "the office-holder" (負責人) means the
Official Receiver or the trustee, as the case may be, or, in the case of a
voluntary  arrangement, the nominee.

(2) If a request falling within subsection (3) is made for the giving after
the relevant day of any of the supplies mentioned in subsection (4), the
supplier may make it a condition of the giving of the supply that
the office-holder personally guarantees the payment of any charges in respect
of the supply, but the supplier shall not, directly or indirectly, make it a
condition of the giving of the supply that any outstanding charges in respect
of a supply given to the debtor before the  relevant day are paid.

(3) A request falls within this subsection if it is made-

   (a)  by or with the concurrence of the office-holder; and

   (b)  for the purposes of any business which is or has been carried on by
        the debtor, by a firm or partnership of which the debtor is or was a
        member, or by an agent or manager for the debtor or for such a firm or
        partnership.

(4) The supplies referred to in subsection (2) are-

   (a)  a public supply of gas;

   (b)  a public supply of electricity;

   (c)  a supply of water under the Waterworks Ordinance ( Cap 102);

   (d)  a supply of telecommunications services by a public telecommunications
        operator licensed under the Telecommunications  Ordinance ( Cap 106).
        (Amended 36 of 2000 s. 28) (Added 76 of 1996 s. 21)

"the office-holder" (負責人)