Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 43E

Income payments orders

(1) The court may, on the application of the trustee, make an order
("an income payments order") claiming for the bankrupt's estate so much of the
income of the bankrupt during the period for which the order is in force as
may be specified in the order.

(2) The court shall not make an income payments order the effect of which
would be to reduce the income of the bankrupt below what appears to the court
to be necessary for meeting the reasonable domestic needs of the bankrupt and
his family.

(3) An income payments order shall, in respect of any payment of income to
which it is to apply, either-

   (a)  require the bankrupt to pay the trustee an amount equal to so much of
        that payment as is claimed by the order; or

   (b)  require the person making the payment to pay so much of it as is so
        claimed to the trustee, instead of to the bankrupt.

(4) Where the court makes an income payments order it may, if it thinks fit,
discharge or vary any attachment of earnings order that is for the time being
in force to secure payments by the bankrupt.

(5) Sums received by the trustee under an income payments order form part of
the bankrupt's estate.

(6) For the purposes of this section the income of the bankrupt comprises
every payment in the nature of income which is from time to time made to him
or to which he from time to time becomes entitled, including any payment in
respect of the carrying on of any business or in respect of any office or
employment. (Added 76 of 1996 s. 31)