Hong Kong Ordinances

BANKRUPTCY ORDINANCE - SECT 5

Other preliminary conditions

(Past version on 30/06/1997).

(1) Where a bankruptcy petition relating to a debtor is presented by a person
who is entitled to present a petition under 2 or more paragraphs of
section 3(1), the petition is to be treated for the purposes of this Part as a
petition under whichever of those paragraphs is specified in the petition.

(2) A bankruptcy petition shall not be withdrawn without the leave of the
court.

(3) The court has a general power, if it appears to it appropriate to do so on
the grounds that there has been a contravention of rules or for any other
reason, to dismiss a bankruptcy petition or to stay such a petition and, where
it stays such a petition, it may do so on such terms and conditions as it
thinks fit.

(4) Without prejudice to subsection (3), where a petition under
section 3(1)(a), (b) or (c) in respect of a debtor is pending at a time when a
criminal bankruptcy order is made against him, or is presented after such an
order has been so made, the court may on the application of the
Official Receiver dismiss the petition if it appears to it appropriate to do
so. (Replaced 76 of 1996 s. 4)