Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 33

Court's power to annul bankruptcy order

(Past version on 30/06/1997).

(1) The court may annul a bankruptcy order if it at any time appears to the
court that-

   (a)  on any grounds existing at the time the order was made, the order
        ought not to have been made; or

   (b)  to the extent required by the rules, the provable debts and the
        expenses of the bankruptcy have all, since the making of the order,
        been either paid or secured to the satisfaction of the court.

(2) The court may annul a bankruptcy order made against a debtor on a petition
under section 3(1)(a), (b) or (c) if it at any time appears to the court, on
an application by the Official Receiver-

   (a)  that the petition was pending at a time when a criminal bankruptcy
        order was made against the debtor or was presented after such an order
        was so made; and

   (b)  that no appeal is pending against the debtor's conviction of any
        offence by virtue of which the criminal bankruptcy order was made, and
        the court shall annul a bankruptcy order made on a petition under
        section 3(1)(d) if it at any time appears to the court that the
        criminal bankruptcy order on which the petition was based has been
        rescinded in consequence of an appeal.

(3) The court may annul a bankruptcy order whether or not the bankrupt has
been discharged from the bankruptcy.

(4) Where the court annuls a bankruptcy order under this section or
section 20I, any sale or other disposition of property, payment made or other
thing duly done by or under the authority of the Official Receiver, a nominee
or a trustee or by the court is valid, but if any of the bankrupt's estate is
then vested in such a trustee, it shall vest in such person as the court may
appoint or, in default of any such appointment, revert to the bankrupt on such
terms (if any) as the court may direct, and the court may include in its order
such supplemental provisions as may be authorized by the rules.

(5) Where the court annuls a bankruptcy order under this section or
section 20I, the court may make such order as it thinks fit respecting
advertising or gazetting of the notice of the annulment and for the costs
thereof.

(6) Any interested person may apply for annulment of a bankruptcy order with
leave of the court. (Replaced 76 of 1996 s. 24)