Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 39

Preferential claims in case of apprenticeship

(1) Where at the time of the presentation of the bankruptcy petition any
person is apprenticed or is a trainee solicitor to the bankrupt, the
adjudication of bankruptcy shall, if either the bankrupt or the apprentice or
trainee solicitor gives notice in writing to the trustee to that effect, be a
complete discharge of the indenture of apprenticeship or trainee solicitor
contract; and if any money has been paid by or on behalf of the apprentice or
trainee solicitor to the bankrupt as a fee, the trustee may, on the
application of the apprentice or trainee solicitor or of some person on his
behalf, pay such sum as the trustee, subject to an appeal to the court, thinks
reasonable, out of the bankrupt's property, to or for the use of the
apprentice or trainee solicitor, regard being had to the amount paid by him or
on his behalf and to the time during which he served with the bankrupt under
the indenture or trainee solicitor contract before the commencement of the
bankruptcy and to the other circumstances of the case.

(2) Where it appears expedient to a trustee, he may, on the application of any
apprentice or trainee solicitor to the bankrupt or any person acting on behalf
of such apprentice or trainee solicitor, instead of acting under the
provisions of subsection (1), transfer the indenture of apprenticeship or
trainee solicitor contract to some other person. (Amended 70 of 1991 s. 14)
[cf. 1914 c. 59 s. 34 U.K.]