HKLII Hong Kong Ordinances

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BANKRUPTCY ORDINANCE - SECT 40

Landlord's power of distress

The Landlord or other person to whom any rent is due from the bankrupt may,
subject to the provisions of Part III of the Landlord and Tenant 
(Consolidation) Ordinance ( Cap 7), at any time either before or after the
commencement of the bankruptcy, distrain upon the goods or effects of the
bankrupt for the rent due to him from the bankrupt, with this limitation, that
if such distress for rent be levied after the commencement of the bankruptcy,
it shall be available only for 6 months' rent accrued due prior to the date of
the order of adjudication and shall not be available for rent payable in
respect of any period subsequent to the date when the distress was levied, but
the landlord or other person to whom the rent may be due from the bankrupt may
prove under the bankruptcy for the surplus due for which the distress may not
have been available. [cf. 1914 c. 59 s. 35 U.K.]



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