BANKRUPTCY RULES - CHAPTER 6A BANKRUPTCY RULES - LONG TITLE Empowering section VerDate:30/06/1997 BANKRUPTCY RULES* (Cap 6, section 113) [1 January 1933] (G.N.A. 727 of 1932) ___________________________________________________________________________ __ Note: *These Rules were amended by L.N. 123 of 2007. The transitional and savings provisions contained in s. 77 of that Legal Notice are reproduced as follows: "77. Transitional and savings provisions (1) Notwithstanding anything contained in these Rules, the amendments effected under these Rules shall not apply to any case in which the bankruptcy petition was presented before the commencement date, and such case shall continue and be disposed of as if these Rules had not been made. (2) This section is in addition to and not in derogation of section 23 of the Interpretation and General Clauses Ordinance (Cap. 1). (3) For the purpose of this section, #“commencement date” (生 效日期) means the day appointed for the commencement of the Bankruptcy (Amendment) Ordinance 2005 (18 of 2005) (except sections 1, 12, 19 and 32 of that Ordinance).". # Commencement date:10 December 2007. BANKRUPTCY RULES - RULE 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These rules may be cited as the Bankruptcy Rules. [cf. R. 1]* ___________________________________________________________________ Note: * The references to "R. 1", etc. are to the English Bankruptcy Rules 1915. BANKRUPTCY RULES - RULE 2 Interpretation VerDate:08/07/2005 In these rules, unless the context otherwise requires- "bankruptcy order" (破產令) means an order adjudging an individual bankrupt; (L.N. 77 of 1998) "court" (法院、法庭) means the court as defined by the Ordinance, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these rules; "court of appeal" (上訴法院) means any court exercising appellate jurisdiction under the Ordinance or these rules; "creditor" (債權人) includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner; (L.N. 152 of 1979) "debtor" (債務人) includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership; (G.N.A. 124 of 1955) "proof" (債權證明表) means a document by which a creditor seeks to establish his claim against a debtor; (L.N. 222 of 1992) "Registrar" (司法常務官) means the Registrar of the High Court, and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 231 of 1984; 25 of 1998 s. 2; 10 of 2005 s. 169) "sealed" (蓋章) means sealed with the seal of the court; "taxing officer" (訟費評定官) includes the Registrar and also any officer or officers of the court whose duty it is to tax costs. (L.N. 77 of 1998) [cf. R. 3] "bankruptcy order" (破產令) "court" (法院、法庭) "court of appeal" (上訴法院) "creditor" (債權人) "debtor" (債務人) "proof" (債權證明表) "Registrar" (司法常務官) "sealed" (蓋章) "taxing officer" (訟費評定官) BANKRUPTCY RULES - RULE 2 Interpretation VerDate:01/04/1998 Adaptation amendments retroactively made - see 25 of 1998 s. 2 In these rules, unless the context otherwise requires- "bankruptcy order" (破產令) means an order adjudging an individual bankrupt; (L.N. 77 of 1998) "court" (法院、法庭) means the court as defined by the Ordinance, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these rules; "court of appeal" (上訴法院) means any court exercising appellate jurisdiction under the Ordinance or these rules; "creditor" (債權人) includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner; (L.N. 152 of 1979) "debtor" (債務人) includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership; (G.N.A. 124 of 1955) "proof" (債權證明表) means a document by which a creditor seeks to establish his claim against a debtor; (L.N. 222 of 1992) "Registrar" (司法常務官) means the Registrar of the High Court, and any Deputy or Assistant Registrar of the High Court; (L.N. 231 of 1984; 25 of 1998 s. 2) "sealed" (蓋章) means sealed with the seal of the court; "taxing officer" (訟費評定官) includes the Registrar and also any officer or officers of the court whose duty it is to tax costs. (L.N. 77 of 1998) [cf. R. 3] "bankruptcy order" (破產令) "court" (法院、法庭) "court of appeal" (上訴法院) "creditor" (債權人) "debtor" (債務人) "proof" (債權證明表) "Registrar" (司法常務官) "sealed" (蓋章) "taxing officer" (訟費評定官) BANKRUPTCY RULES - RULE 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 In these rules, unless the context otherwise requires- "court" (法院、法庭) means the court as defined by the Ordinance, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these rules; "court of appeal" (上訴法院) means any court exercising appellate jurisdiction under the Ordinance or these rules; "creditor" (債權人) includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner; (L.N. 152 of 1979) "debtor" (債務人) includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership; (G.N.A. 124 of 1955) "proof" (債權證明表) means a document by which a creditor seeks to establish his claim against a debtor; (L.N. 222 of 1992) "Registrar" (司法常務官) means the Registrar of the High Court, and any Deputy or Assistant Registrar of the High Court; (L.N. 231 of 1984; 25 of 1998 s. 2) "scheme" (債務償還安排) means a scheme of arrangement pursuant to the Ordinance; (G.N.A. 124 of 1955) "sealed" (蓋章) means sealed with the seal of the court; "taxing officer" (訟費評定官) includes the Registrar and also any officer or officers of the court whose duty it is to tax costs; "trustee" (受託人) includes the trustee appointed under a composition or scheme of arrangement, and also includes the Official Receiver when acting as trustee. [cf. R. 3] "court" (法院、法庭) "court of appeal" (上訴法院) "creditor" (債權人) "debtor" (債務人) "proof" (債權證明表) "Registrar" (司法常務官) "scheme" (債務償還安排) "sealed" (蓋章) "taxing officer" (訟費評定官) "trustee" (受託人) BANKRUPTCY RULES - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "court" (法院、法庭) means the court as defined by the Ordinance, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these rules; "court of appeal" (上訴法院) means any court exercising appellate jurisdiction under the Ordinance or these rules; "creditor" (債權人) includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner; (L.N. 152 of 1979) "debtor" (債務人) includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership; (G.N.A. 124 of 1955) "proof" (債權證明表) means a document by which a creditor seeks to establish his claim against a debtor; (L.N. 222 of 1992) "Registrar" (司法常務官) means the Registrar of the Supreme Court, and any Deputy or Assistant Registrar of the Supreme Court; (L.N. 231 of 1984) "scheme" (債務償還安排) means a scheme of arrangement pursuant to the Ordinance; (G.N.A. 124 of 1955) "sealed" (蓋章) means sealed with the seal of the court; "taxing officer" (訟費評定官) includes the Registrar and also any officer or officers of the court whose duty it is to tax costs; "trustee" (受託人) includes the trustee appointed under a composition or scheme of arrangement, and also includes the Official Receiver when acting as trustee. [cf. R. 3] "court" (法院、法庭) "court of appeal" (上訴法院) "creditor" (債權人) "debtor" (債務人) "proof" (債權證明表) "Registrar" (司法常務官) "scheme" (債務償還安排) "sealed" (蓋章) "taxing officer" (訟費評定官) "trustee" (受託人) BANKRUPTCY RULES - RULE 2A Provisional trustee regarded as trustee VerDate:10/12/2007 Save in rules 35, 36, 72A(3), 99A, 99B, 99E, 99F, 99G, 99Q(a), 99Y(2), 101, 113, 138, 141, 149A(2), 159(2), 159A, 162(1), 172 and 179, a provisional trustee shall, unless the context otherwise requires, be regarded as a trustee for the purposes of these rules. (L.N. 123 of 2007) BANKRUPTCY RULES - RULE 3 Computation of time VerDate:30/06/1997 The provisions of section 122 of the Ordinance shall apply to these rules as if the words "these rules" (本規則) were substituted for the words "this Ordinance" (本條例) in the first line of the said section. [cf. R. 4] "these rules" (本規則) "this Ordinance" (本條例) BANKRUPTCY RULES - RULE 4 (Transferred to the Bankruptcy (Forms) Rules, rule 2) VerDate:30/06/1997 (Transferred to the Bankruptcy (Forms) Rules, rule 2) BANKRUPTCY RULES - RULE 5 Matters to be heard in court VerDate:01/04/1998 PART II GENERAL PROCEDURE Court and chambers The following matters and applications shall be heard and determined in open court- (a) petitions: Provided that a debtor's petition may be heard in chambers if urgent, and if the judge so directs; (b) applications to annul a bankruptcy order; (L.N. 77 of 1998) (c) the public examination of debtors; (d) applications for an interim order or for the continuation, renewal or discharge of an interim order in connection with a voluntary arrangement; (L.N. 77 of 1998) (e) applications for suspension of the relevant period for discharge, the lifting of such a suspension or for early discharge; (L.N. 77 of 1998) (f) applications to set aside or avoid any settlement, conveyance, transfer, security or payment, or to declare for or against the title of the trustee to any property adversely claimed; (g) applications for the committal of any person to prison for contempt; (h) (Repealed L.N. 231 of 1984) (i) (Repealed L.N. 77 of 1998) (j) any other matter which the Chief Justice may direct. Any other matter or application may be heard and determined in chambers unless the judge directs that it be heard and determined in open court. (G.N.A. 124 of 1955) [cf. R. 6] BANKRUPTCY RULES - RULE 5 Matters to be heard in court VerDate:30/06/1997 PART II GENERAL PROCEDURE Court and chambers The following matters and applications shall be heard and determined in open court- (a) petitions: Provided that a debtor's petition may be heard in chambers if urgent, and if the judge so directs; (b) applications to rescind a receiving order, or to annul an adjudication; (c) the public examination of debtors; (d) applications to approve a composition or scheme of arrangement; (e) applications for orders of discharge; (f) applications to set aside or avoid any settlement, conveyance, transfer, security or payment, or to declare for or against the title of the trustee to any property adversely claimed; (g) applications for the committal of any person to prison for contempt; (h) (Repealed L.N. 231 of 1984) (i) applications for the trial of issues of fact with a jury, and the trial of such issues; (j) any other matter which the Chief Justice may direct. Any other matter or application may be heard and determined in chambers unless the judge directs that it be heard and determined in open court. (G.N.A. 124 of 1955) [cf. R. 6] BANKRUPTCY RULES - RULE 6 Adjournment from chambers to court and vice versa VerDate:30/06/1997 Subject to the provisions of the Ordinance and rules- (a) the Registrar may under the general or special directions of a judge hear and determine any application or matter which under the Ordinance and rules may be heard and determined in chambers; (b) any matter or application before the Registrar may at any time be adjourned by him to be heard before a judge; (c) any matter or application may, at any time, if a judge thinks fit, be adjourned from chambers to court or from court to chambers, and if all the contending parties require any matter of application to be adjourned from chambers to court it shall be so adjourned. (L.N. 106 of 1987) [cf. R. 9] BANKRUPTCY RULES - RULE 7 Proceedings, how intituled VerDate:01/04/1998 Proceedings (1) Every proceeding in court under the Ordinance (Cap 6) shall be dated, and shall be intituled "In Bankruptcy" (破產案) and with the name of the matter to which it relates. Numbers and dates may be denoted by figures. (2) (Repealed L.N. 77 of 1998) (3) The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar and all subsequent proceedings in the same matter shall bear the same number. (L.N. 77 of 1998) [cf. R. 10] BANKRUPTCY RULES - RULE 7 Proceedings, how intituled VerDate:30/06/1997 Proceedings (1) Every proceeding in court under the Ordinance (Cap 6) shall be dated, and shall be intituled "In Bankruptcy" (破產案) and with the name of the matter to which it relates. Numbers and dates may be denoted by figures. (See Form 1) (2) All applications and orders shall be instituted ex parte the applicant. (3) The first proceeding in every matter shall have a distinctive number assigned to it by the Official Receiver and all subsequent proceedings in the same matter shall bear the same number. [cf. R. 10] "In Bankruptcy" (破產案) BANKRUPTCY RULES - RULE 8 Records of the court VerDate:30/06/1997 All proceedings of the court shall remain of record in the court, in the custody of the Registrar, so as to form a complete record of each matter, and they shall not be removed for any purpose, except for the use of the officers of the court, or by special direction of the judge or Registrar, but they may at all reasonable times be inspected by the trustee, the debtor, and any creditor who has proved, or any person acting on behalf of the trustee, debtor, or creditor, and, by special direction of the court, any other person. (G.N.A. 124 of 1955; L.N. 46 of 1964) [cf. R. 12] BANKRUPTCY RULES - RULE 9 Notices to be in writing VerDate:30/06/1997 All notices required by the Ordinance or these rules shall be in writing, unless these rules otherwise provide or the court in any particular case otherwise orders. [cf. R. 13] BANKRUPTCY RULES - RULE 10 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 10 Meetings summoned by court VerDate:30/06/1997 Where the court orders a general meeting of creditors to be summoned under rule 5 of the Meetings of Creditors Rules, (Cap. 6 sub. leg.) it shall be summoned as the court directs, and in default of any direction by the court the Official Receiver, if a trustee other than the Official Receiver has been appointed, shall transmit a sealed copy of the order to the trustee; and the trustee (if any) or the Official Receiver (if no trustee has been appointed) shall, not less than 7 days before such meeting, send a copy of the order to each creditor at the address given in his proof, or when he has not proved, the address given in the list of creditors by the debtor, or such other address as may be known to the trustee or the Official Receiver. (See Form 39) [cf. R. 15] BANKRUPTCY RULES - RULE 11 Official Receiver or trustee to file copies of advertisements* VerDate:10/12/2007 (1) Whenever the Gazette contains any advertisement relating to any matter under the Ordinance, the person specified in paragraph (3) shall, in respect of the bankruptcy proceedings concerned, file a copy of the advertisement with the court. (2) In the case of an advertisement in a local newspaper, the person specified in paragraph (3) shall in like manner file a copy of the advertisement appearing therein. (3) If the advertisement was inserted— (a) by the Official Receiver, the Official Receiver is the person specified for the purposes of paragraphs (1) and (2); or (b) by a trustee, the trustee is the person specified for the purposes of paragraphs (1) and (2). (L.N. 123 of 2007) (4) The filed copy of such advertisement shall be prima facie evidence that it was duly inserted in the issue of the Gazette or newspaper mentioned. (L.N. 123 of 2007) [cf. R. 17] * (Amended L.N. 123 of 2007) BANKRUPTCY RULES - RULE 11 Official Receiver to file copies of advertisements VerDate:30/06/1997 (1) Whenever the Gazette contains any advertisement relating to any matter under the Ordinance, the Official Receiver shall file with the proceedings in the matter a copy of such advertisement. (2) In the case of an advertisement in a local paper, the Official Receiver shall in like manner file a copy of the advertisement appearing therein. (3) For this purpose one copy of each local paper, in which any advertisement relating to any matter under the Ordinance is inserted, shall be left with the Official Receiver by the person inserting the advertisement. (4) The filed copy of such advertisement shall be prima facie evidence that it was duly inserted in the issue of the Gazette or paper mentioned. [cf. R. 17] BANKRUPTCY RULES - RULE 12 Preparation of order VerDate:10/12/2007 Preparation of order (1) If within 1 week from the making of- (a) a bankruptcy order; (b) an order annulling a bankruptcy order; or (c) (Repealed L.N. 123 of 2007) (d) an order- (i) following objections to discharge; (ii) for suspension of the relevant period for discharge or for the lifting of such a suspension; or (iii) for early discharge, the order has not been completed, it shall be the duty of the trustee to prepare and complete the order. (L.N. 123 of 2007) (1A) If an order made under section 20J of the Ordinance has not been completed within 1 week from the making of the order, the nominee shall prepare and complete the order. (L.N. 123 of 2007) (2) If in any case the judge is of the opinion that the provisions of this rule ought not to apply, he may so order. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 12 Preparation of order VerDate:01/04/1998 Preparation of order (1) If within 1 week from the making of- (a) a bankruptcy order; (b) an order annulling a bankruptcy order; (c) an order under section 20J of the Ordinance following a creditors' meeting summoned under section 20E thereof; or (d) an order- (i) following objections to discharge; (ii) for suspension of the relevant period for discharge or for the lifting of such a suspension; or (iii) for early discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order. (2) If in any case the judge is of the opinion that the provisions of this rule ought not to apply, he may so order. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 12 Preparation of order VerDate:30/06/1997 Preparation of order If within 1 week from the making of an order of adjudication, an order annulling adjudication or rescinding a receiving order, an order on application to approve a composition or scheme, an order annulling a composition or scheme, or an order on application for discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order: Provided that- (a) if in any case the judge is of opinion that the provisions of this rule ought not to apply, he may so order; and (b) where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him. (See Forms 70, 78, 80, 85 to 92) [cf. R. 37] BANKRUPTCY RULES - RULE 13 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 13 Security by bond VerDate:30/06/1997 Security in court Except where these rules otherwise provide, where a person is required to give security such security shall be in the form of a bond with 2 sureties to the person proposed to be secured: Provided that the court may direct that one surety shall suffice. (See Form 19) [cf. R. 38] BANKRUPTCY RULES - RULE 14 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 14 Amount of bond VerDate:30/06/1997 The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum. [cf. R. 39] BANKRUPTCY RULES - RULE 15 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 15 Deposit in lieu of bond VerDate:30/06/1997 Where a person is required to give security, he may in lieu thereof lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his solicitor or agent, setting forth the conditions on which the money is deposited. [cf. R. 40] BANKRUPTCY RULES - RULE 16 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 16 Money lodged in court VerDate:30/06/1997 The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these rules. [cf. R. 41] BANKRUPTCY RULES - RULE 17 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 17 Security of guarantee society, etc. VerDate:30/06/1997 The security of a guarantee association or society or an insurance company approved by the court or the opposite party may be given in lieu of a bond or a deposit. (L.N. 231 of 1984) [cf. R. 42] BANKRUPTCY RULES - RULE 18 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 18 Notice of sureties VerDate:30/06/1997 In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, notice of the proposed sureties, and the Registrar may give notice to both parties of the time and place at which he proposes that the bond shall be executed and may state in the notice that, should the proposed obligee have any valid objection to make to the sureties or either of them, it must be made at that time. (See Form 20) [cf. R. 43] BANKRUPTCY RULES - RULE 19 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 19 Justification by sureties VerDate:30/06/1997 The sureties shall make an affidavit of their sufficiency unless the opposite party dispenses with such affidavit, and such sureties shall attend the court to be cross-examined, if required. (See Form 21) [cf. R. 44] BANKRUPTCY RULES - RULE 20 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 20 Execution of bond VerDate:30/06/1997 The bond shall be executed and attested in the presence of the Registrar or the Official Receiver. [cf. R. 45] BANKRUPTCY RULES - RULE 21 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 21 Notice of deposit VerDate:30/06/1997 Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith give notice to the person to whom the security is to be given of such deposit having been made. [cf. R. 46] BANKRUPTCY RULES - RULE 22 Application of section 125 VerDate:01/04/1998 Exemption from stamp duty For the purposes of section 125 of the Ordinance, "bankruptcy" (破產案) shall include any proceeding under the Ordinance whether before or after adjudication, and "bankrupt" (破產人) shall include any debtor proceeded against under the Ordinance. (L.N. 77 of 1998) [cf. R. 48] "bankruptcy" (破產案) "bankrupt" (破產人) BANKRUPTCY RULES - RULE 22 Application of section 125 VerDate:30/06/1997 Exemption from stamp duty For the purposes of section 125 of the Ordinance, "bankruptcy" (破產案) shall include any proceeding under the Ordinance whether before or after adjudication, and whether an adjudication is made or not, and "bankrupt" (破產人) shall include any debtor proceeded against under the Ordinance. [cf. R. 48] "bankruptcy" (破產案) "bankrupt" (破產人) BANKRUPTCY RULES - RULE 23 Appointment and remuneration of shorthand writer VerDate:01/04/1998 Shorthand notes (1) The court may at any time in any proceedings, if it considers that it would be desirable so to do, appoint a person (in these rules called a "shorthand writer" (速記員) ) to take down, in shorthand or otherwise, the evidence of the debtor or of any witness examined at any public or private sitting, examination or meeting under the Ordinance. (2) A shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under paragraph (1), and it shall not be necessary to make any application to make such an appointment, and a general declaration by such shorthand writer adapted from Form 56 shall be deemed to apply to all proceedings in which notes are taken by him of any such evidence. (3) Any document purporting- (a) to be a transcript of the notes taken by a shorthand writer appointed under paragraph (1) or by a shorthand writer attached to the Official Receiver's Office; and (b) to be signed by such shorthand writer, shall until the contrary is proved be sufficient evidence that the questions and answers therein set forth were so put and answered respectively. (4) Every person appointed to be a shorthand writer under this rule shall be paid a sum not exceeding $2000 or as the court directs for each hour or part thereof during which he is engaged in such appointment or in the preparation of any transcript of the evidence that may be required. (L.N. 143 of 1985; L.N. 77 of 1998) (5) The fees of a shorthand writer shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the court. (6) If the person appointed to be the shorthand writer under this rule is a public servant the fees payable under paragraph (4) shall be paid forthwith by the person responsible for such fees to the Official Receiver for payment into the general revenue. (L.N. 231 of 1984) (L.N. 39 of 1976) [cf. S.I. 1952/2113 rr. 69 & 70 U.K.] "shorthand writer" (速記員) BANKRUPTCY RULES - RULE 23 Appointment and remuneration of shorthand writer VerDate:30/06/1997 Shorthand notes (1) The court may at any time in any proceedings, if it considers that it would be desirable so to do, appoint a person (in these rules called a "shorthand writer" (速記員)) to take down, in shorthand or otherwise, the evidence of the debtor or of any witness examined at any public or private sitting, examination or meeting under the Ordinance. (2) A shorthand writer (if any) attached to the Official Receiver's office shall be deemed to be duly appointed under paragraph (1), and it shall not be necessary to make any application to make such an appointment, and a general declaration by such shorthand writer adapted from Form 56 shall be deemed to apply to all proceedings in which notes are taken by him of any such evidence. (3) Any document purporting- (a) to be a transcript of the notes taken by a shorthand writer appointed under paragraph (1) or by a shorthand writer attached to the Official Receiver's Office; and (b) to be signed by such shorthand writer, shall until the contrary is proved be sufficient evidence that the questions and answers therein set forth were so put and answered respectively. (4) Every person appointed to be a shorthand writer under this rule shall be paid a sum not exceeding $150 or as the court directs for each hour or part thereof during which he is engaged in such appointment or in the preparation of any transcript of the evidence that may be required. (L.N. 143 of 1985) (5) The fees of a shorthand writer shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the court. (6) If the person appointed to be the shorthand writer under this rule is a public servant the fees payable under paragraph (4) shall be paid forthwith by the person responsible for such fees to the Official Receiver for payment into the general revenue. (L.N. 231 of 1984) (See Forms 55 to 58) (L.N. 39 of 1976) [cf. S.I. 1952/2113 rr. 69 & 70 U.K.] "shorthand writer" (速記員) BANKRUPTCY RULES - RULE 24 Discovery VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 Discovery and examination under section 29 Any party to any proceeding in court may with the leave of the court administer interrogatories to or obtain discovery of documents from any other party to such proceeding. Proceedings under this rule shall be regulated as nearly as may be by the provisions in the Rules of the High Court (Cap 4 sub. leg. A) for the time being in force in relation to discovery and inspection. An application for leave under this rule may be made ex parte. (25 of 1998 s. 2) [cf. R. 73] BANKRUPTCY RULES - RULE 24 Discovery VerDate:30/06/1997 Discovery and examination under section 29 Any party to any proceeding in court may with the leave of the court administer interrogatories to or obtain discovery of documents from any other party to such proceeding. Proceedings under this rule shall be regulated as nearly as may be by the provisions in the Rules of the Supreme Court (Cap 4 sub. leg.) for the time being in force in relation to discovery and inspection. An application for leave under this rule may be made ex parte. [cf. R. 73] BANKRUPTCY RULES - RULE 25 Examination under section 29 VerDate:30/06/1997 Every application to the court under section 29 of the Ordinance shall be in writing and shall state shortly the grounds upon which the application is made. When the application is made by or on behalf of the trustee or the Official Receiver it need not be verified by affidavit. [cf. R. 74] BANKRUPTCY RULES - RULE 26 To whom warrants addressed VerDate:30/06/1997 Warrants, arrests, and commitments A warrant of seizure, or a search warrant, or any other warrant issued under the provisions of the Ordinance , shall be addressed to such officer of the court or to such public officer as the Registrar may direct. [cf. R. 80] BANKRUPTCY RULES - RULE 27 Procedure when warrant issued under section 27 of Ordinance VerDate:30/06/1997 When a debtor is arrested under a warrant issued under section 27 of the Ordinance, he shall be given into the custody of the Commissioner of Correctional Services, who shall produce such debtor before the court as it may from time to time direct, and shall safely keep him until such time as the court otherwise orders; and any books, papers, moneys, goods and chattels in the possession of the debtor, which may be seized, shall forthwith be lodged with the Official Receiver or trustee, as the case may be. (L.N. 231 of 1984) [cf. R. 81] BANKRUPTCY RULES - RULE 28 Procedure when warrant issued under section 29(2) of Ordinance VerDate:30/06/1997 (1) When a person is apprehended under a warrant issued under section 29(2) of the Ordinance, the officer apprehending him shall forthwith bring him before the court to the end that he may be examined, and if he cannot immediately be brought up for examination or examined the officer shall deliver him into the custody of the Commissioner of Correctional Services and the said Commissioner shall receive him into custody and shall produce him before the court as it may from time to time direct or order, and subject to such direction or order shall safely keep him. (L.N. 231 of 1984) (2) The officer executing a warrant issued under section 29(2) of the Ordinance shall forthwith, after apprehending the person named in the warrant report to the court the apprehension or delivery into custody, as the case may be, and apply to the court to appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination and shall issue its direction or order to the said Commissioner to produce him for examination at a place and time to be mentioned in such direction or order. Notice of any such appointment shall forthwith be given by the Registrar to the Official Receiver, trustee or other person who has applied for the examination or warrant. (G.N.A. 124 of 1955) [cf. R. 82] BANKRUPTCY RULES - RULE 29 Application to commit VerDate:30/06/1997 An application to the court to commit any person for contempt of court shall be supported by affidavit. [cf. R. 83] BANKRUPTCY RULES - RULE 30 Notice and hearing of application VerDate:30/06/1997 Subject to the provisions of the Ordinance and these rules, upon the filing of an application to commit, the court shall fix a time and place to hear the application, notice whereof shall be personally served on the person sought to be committed, not less than 3 days before the day fixed for the hearing of the application: Provided that in any case in which the court may think fit, the court may allow substituted service of the notice by advertisement or otherwise, or shorten the length of notice to be given. [cf. R. 84] BANKRUPTCY RULES - RULE 31 Service of petition, etc. VerDate:01/04/1998 Service of petition, orders, etc. on debtor (L.N. 46 of 1964) When the debtor is not in Hong Kong, or cannot be found, the court may order service on him of the petition or any order made against him, or of any summons issued for his attendance, to be effected within such time and in such manner as it thinks fit. (G.N.A. 124 of 1955; L.N. 231 of 1984; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 31 Service of petition, etc. VerDate:30/06/1997 Service of petition, orders, etc. on debtor (L.N. 46 of 1964) When the debtor is not in Hong Kong, or cannot be found, the court may order service on him of the petition, the receiving order or any other order made against him, or of any summons issued for his attendance, to be effected within such time and in such manner as it thinks fit. (G.N.A. 124 of 1955; L.N. 231 of 1984) BANKRUPTCY RULES - RULE 32 Regulations as to costs VerDate:30/06/1997 Costs and taxation The regulations as to costs contained in the Schedule shall, subject to these rules, apply to the taxation and allowance of costs and charges in all proceedings under the Ordinance and these rules. [cf. R. 103] BANKRUPTCY RULES - RULE 32A Costs VerDate:30/06/1997 (1) When awarding costs the court may- (a) direct that the costs of any matter or application- (i) shall be taxed and paid as between party and party or as between solicitor and client, on the basis of a common fund in which the client and others are interested; or (ii) may be allowed as between solicitor and own client; or (b) fix a sum to be paid in lieu of taxed costs. (2) Unless the court otherwise directs, the costs of an application to the court which is opposed shall follow the event and shall be taxed as between party and party. (3) Where- (a) an action is brought against the Official Receiver or trustee as representing the estate of the debtor; or (b) the Official Receiver or trustee is made a party to any proceedings on the application of any other party, the Official Receiver or trustee shall not be personally liable for costs unless the court otherwise directs. (L.N. 39 of 1976) [cf. S.I. 1952/2113 r. 92 U.K.] BANKRUPTCY RULES - RULE 33 Solicitor's costs in case of petition by debtor VerDate:30/06/1997 The solicitor in the matter of a bankruptcy petition presented by the debtor against himself shall in his bill of costs give credit for such sum or security (if any) as he may have received from the debtor as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition, and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs. [cf. R. 105] BANKRUPTCY RULES - RULE 34 Certificate of employment VerDate:10/12/2007 Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker or other person employed by the trustee, the taxing officer shall require a certificate in writing, signed by the trustee, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and, in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employment. (L.N. 123 of 2007) [cf. R. 109] BANKRUPTCY RULES - RULE 34 Certificate of employment VerDate:30/06/1997 Before taxing the bill or charges of any solicitor, manager, accountant, auctioneer, broker or other person employed by the Official Receiver or trustee, the taxing officer shall require a certificate in writing, signed by the Official Receiver or trustee as the case may be, to be produced to him, setting forth whether any, and if so what, special terms of remuneration have been agreed to, and, in the case of the bill of costs of a solicitor, a copy of the resolution or other authority sanctioning the employment. [cf. R. 109] BANKRUPTCY RULES - RULE 35 Lodgment of bill VerDate:10/12/2007 (1) The bill or charges shall be lodged with— (a) (if incurred before the appointment of a trustee) the provisional trustee; or (b) (if incurred after the appointment of a trustee) the trustee. (2) The provisional trustee or trustee, as the case may be, shall lodge the bill or charges with the taxing officer. (L.N. 123 of 2007) BANKRUPTCY RULES - RULE 35 Notice of appointment VerDate:30/06/1997 Every person whose bill or charges is or are to be taxed shall in all cases give not less than 4 days' notice of the appointment to tax the same to the Official Receiver and to the trustee (if any). [cf. R. 112] BANKRUPTCY RULES - RULE 36 Notice of appointment VerDate:10/12/2007 Where a bill of costs or charges has been lodged with the taxing officer, he shall give notice of appointment to tax the same to the provisional trustee or trustee, and to the person to or by whom the bill or charges is or are to be paid, as the case may be. (L.N. 123 of 2007) BANKRUPTCY RULES - RULE 36 Lodgement of bill VerDate:30/06/1997 The bill or charges, if incurred prior to the appointment of a trustee, shall be lodged with the Official Receiver, and if incurred after the appointment of a trustee, shall be lodged with the trustee, 3 clear days before the application for the appointment to tax the same is made. The Official Receiver or the trustee, as the case may be, shall forthwith, on receiving notice of taxation, lodge such bill or charges with the taxing officer. [cf. R. 113] BANKRUPTCY RULES - RULE 37 Copy of bill VerDate:30/06/1997 Every person whose bill or charges is or are to be taxed shall, on the application of either the Official Receiver or the trustee, furnish a copy of his bill or charges so to be taxed. The Official Receiver shall call the attention of the trustee to any items which in his opinion ought to be disallowed or reduced and may attend or be represented on the taxation. [cf. R. 114] BANKRUPTCY RULES - RULE 38 Applications for costs VerDate:10/12/2007 Where any party to or person affected by any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding- (a) such party or person shall serve notice of his intended application on the trustee; (b) the trustee may appear on such application and object thereto; (c) no costs of or incident to such application shall be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceeding. (L.N. 123 of 2007) [cf. R. 115] BANKRUPTCY RULES - RULE 38 Applications for costs VerDate:30/06/1997 Where any party to or person affected by any proceeding desires to make an application for an order that he be allowed his costs, or any part of them, incident to such proceeding, and such application is not made at the time of the proceeding- (a) such party or person shall serve notice of his intended application on the Official Receiver, and if a trustee has been appointed, on the trustee; (b) the Official Receiver and the trustee may appear on such application and object thereto; (c) no costs of or incident to such application shall be allowed to the applicant unless the court is satisfied that the application could not have been made at the time of the proceeding. [cf. R. 115] BANKRUPTCY RULES - RULE 39 (Repealed L.N. 123 of 2007) VerDate:10/12/2007 BANKRUPTCY RULES - RULE 39 Costs of shorthand notes VerDate:30/06/1997 Where at the instance of the Official Receiver a shorthand writer is appointed to take notes of the examination of the debtor at his public examination, the cost of such notes shall be deemed to be an expense incurred or authorized by the Official Receiver, and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of section 37 of the Ordinance. (G.N.A. 124 of 1955) [cf. R. 118] BANKRUPTCY RULES - RULE 40 Disallowance of costs of unnecessary petition VerDate:01/04/1998 In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a bankruptcy order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate. (L.N. 77 of 1998) [cf. R. 119] BANKRUPTCY RULES - RULE 40 Disallowance of costs of unnecessary petition VerDate:30/06/1997 In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a receiving order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate. [cf. R. 119] BANKRUPTCY RULES - RULE 41 Apportionment of costs in case of partnership VerDate:10/12/2007 In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the bankruptcy order shall be apportioned between the joint and separate estates in such proportions as the trustee may in his discretion determine. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 120] BANKRUPTCY RULES - RULE 41 Apportionment of costs in case of partnership VerDate:01/04/1998 In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the bankruptcy order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver may in his discretion determine. (L.N. 77 of 1998) [cf. R. 120] BANKRUPTCY RULES - RULE 41 Apportionment of costs in case of partnership VerDate:30/06/1997 In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the receiving order shall be apportioned between the joint and separate estates in such proportions as the Official Receiver may in his discretion determine. [cf. R. 120] BANKRUPTCY RULES - RULE 42 Costs out of joint and separate estates VerDate:01/04/1998 (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate. (2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the creditors' committee of the estate out of which the payment is intended to be made, or if such committee withhold or refuse their consent, without an order of the court. (G.N.A. 124 of 1955; L.N. 77 of 1998) [cf. R. 121] BANKRUPTCY RULES - RULE 42 Costs out of joint and separate estates VerDate:30/06/1997 (1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate. (2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended to be made, or if such committee withhold or refuse their consent, without an order of the court. (G.N.A. 124 of 1955) [cf. R. 121] BANKRUPTCY RULES - RULE 43 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 PART III PROCEEDINGS IN BANKRUPTCY BANKRUPTCY RULES - RULE 43 Form of declaration VerDate:30/06/1997 PART III PROCEEDINGS IN BANKRUPTCY Declaration of inability to pay debts A declaration by a debtor of his inability to pay his debts shall be dated, signed and witnessed. The witness shall be a solicitor or the Official Receiver or Registrar. (See Form 2) [cf. R. 136] BANKRUPTCY RULES - RULE 44 Form and content of statutory demand VerDate:01/04/1998 Statutory demand (1) A statutory demand under section 6A of the Ordinance must be dated, and be signed either by the creditor himself or by a person stating himself to be authorized to make the demand on the creditor's behalf. (2) The statutory demand must specify whether it is made under section 6A(1) or (2) of the Ordinance. (3) The statutory demand must state the amount of the debt, and the consideration for it (or, if there is no consideration, the way in which it arises) and- (a) if made under section 6A(1) of the Ordinance and founded on a judgment or order of a court, it must give details of the judgment or order; or (b) if made under section 6A(2) of the Ordinance, it must state the grounds on which it is alleged that the debtor appears to have no reasonable prospect of paying the debt. (4) If the amount claimed in the statutory demand includes- (a) any charge by way of interest not previously notified to the debtor as a liability of his; or (b) any other charge accruing from time to time, the amount or rate of the charge must be separately identified, the grounds on which payment of it is claimed must be stated, and in either case the amount claimed must be limited to that which has accrued due at the date of the demand. (5) If the creditor holds any security in respect of the debt, the full amount of the debt shall be specified, but- (a) there shall in the statutory demand be specified the nature of the security, and the value which the creditor puts upon it as at the date of the demand; and (b) the amount of which payment is claimed by the demand shall be the full amount of the debt, less the amount specified as the value of the security. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 44 Issue of notice VerDate:30/06/1997 Bankruptcy notice A creditor desirous that a bankruptcy notice may be issued shall produce to the Registrar a sealed copy of the judgment or order on which the notice is founded and file the notice together with a request for issue. The creditor shall at the same time lodge with the Registrar 2 copies of the bankruptcy notice to be sealed and issued for service. (See Forms 4, 5) [cf. R. 138] BANKRUPTCY RULES - RULE 45 Information to be given in statutory demand VerDate:01/04/1998 (1) The statutory demand must include an explanation to the debtor of the following matters- (a) the purpose of the demand, and the fact that, if the debtor does not comply with the demand, bankruptcy proceedings may be commenced against him; (b) the time within which the demand must be complied with, if that consequence is to be avoided; (c) the methods of compliance which are open to the debtor; and (d) his right to apply to the court for the demand to be set aside. (2) The statutory demand must- (a) specify one or more named individuals with whom the debtor may, if he wishes, enter into communication with a view to securing or compounding for the debt to the satisfaction of the creditor or (as the case may be) establishing to the creditor's satisfaction that there is a reasonable prospect that the debt will be paid when it falls due; and (b) in the case of any individual so named in the demand give his address and also his telephone number (if any). (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 45 Endorsement of address, etc. VerDate:30/06/1997 (1) Every bankruptcy notice shall be endorsed with the name and place of business of the solicitor actually suing out the same, or if no solicitor be employed, with a memorandum that it is sued out by the creditor in person. (2) There shall also be endorsed on every bankruptcy notice an intimation to the debtor that, if he has a counterclaim, set-off or cross demand which equals or exceeds the amount of the judgment debt and which he could not have set up in the action in which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar. (See Form 8) (3) In the case of a notice served in Hong Kong the time shall be 3 days. In the case of a notice served elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar when issuing the notice shall fix the time. (L.N. 231 of 1984) [cf. R. 140] BANKRUPTCY RULES - RULE 46 Requirements as to service VerDate:01/04/1998 (1) Rule 49 has effect as regards service of the statutory demand, and proof of that service by affidavit to be filed with a bankruptcy petition. (2) The creditor shall do all that is reasonable for the purpose of bringing the statutory demand to the debtor's attention and, if practicable in the particular circumstances, to cause personal service of the demand to be effected. (3) Where the statutory demand is for payment of a sum due under a judgment or order of any court and the creditor knows, or believes with reasonable cause- (a) that the debtor has absconded or is keeping out of the way with a view to avoiding service; and (b) there is no real prospect of the sum due being recovered by execution or other process, the demand may be advertised in one or more newspapers; and the time limited for compliance with the demand runs from the date of the advertisement's appearance or (as the case may be) its first appearance. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 46 Application to set aside VerDate:30/06/1997 The filing of such affidavit shall operate as an application to set aside the bankruptcy notice and thereupon the court shall fix a day for hearing the application, and not less than 3 days before the day so fixed the Registrar shall give notice thereof both to the debtor and the creditor and to their respective solicitors, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the court shall extend the time and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined. (See Form 8) [cf. R. 141] BANKRUPTCY RULES - RULE 47 Application to set aside statutory demand VerDate:01/04/1998 (1) The debtor may, within the period allowed by this rule, apply to the court for an order setting the statutory demand aside. (2) The period referred to in paragraph (1) is 18 days from the date of the service on him of the statutory demand or, where the demand is advertised in a newspaper pursuant to rule 46, from the date of the advertisement's appearance or (as the case may be) its first appearance. (3) Starting with the date on which the application is filed in court, the time limited for compliance with the statutory demand ceases to run, subject to any order of the court under rule 48(7). (4) The debtor's application shall be supported by an affidavit- (a) specifying the date on which the statutory demand came into his hands; and (b) stating the grounds on which he claims that it should be set aside, and the affidavit shall have exhibited to it a copy of the statutory demand. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 47 Duration of notice VerDate:30/06/1997 Subject to the power of the court to extend the time, a bankruptcy notice to be served in Hong Kong shall be served within one month from the issue thereon. (L.N. 231 of 1984) [cf. R. 142] BANKRUPTCY RULES - RULE 48 Hearing of application to set aside VerDate:01/04/1998 (1) On receipt of an application under rule 47, the court may, if satisfied that no sufficient cause is shown for it, dismiss it without giving notice to the creditor. (2) Starting with the date on which the application is dismissed, the time limited for compliance with the statutory demand runs again. (3) If the application is not dismissed under paragraph (1), the court shall fix the date, time and place for it to be heard, and shall give at least 7 days' notice thereof to- (a) the debtor or, if the debtor's application was made by a solicitor acting for him, the solicitor; (b) the creditor; and (c) whoever is named in the statutory demand as the person with whom the debtor may enter into communication with reference to the demand (or, if more than one person is so named, the first of them). (4) On the hearing of the application, the court shall consider the evidence then available to it, and may either summarily determine the application or adjourn it, giving such directions as it thinks appropriate. (5) The court may grant the application if- (a) the debtor appears to have a counterclaim, set-off or cross demand which equals or exceeds the amount of the debt or debts specified in the statutory demand; (b) the debt is disputed on grounds which appear to the court to be substantial; (c) it appears that the creditor holds some security in respect of the debt claimed by the demand, and either rule 44(5) is not complied with in respect of it, or the court is satisfied that the value of the security equals or exceeds the full amount of the debt; or (d) the court is satisfied, on other grounds, that the demand ought to be set aside. (6) Where the creditor holds some security in respect of his debt, and rule 44(5) is complied with in respect of it but the court is satisfied that the security is under-valued in the statutory demand, the creditor may be required to amend the demand accordingly (but without prejudice to his right to present a bankruptcy petition by reference to the original demand). (7) If the court dismisses the application, it shall make an order authorizing the creditor to present a bankruptcy petition either forthwith, or on or after a date specified in the order. (8) A copy of the order shall be sent by the applicant forthwith to the creditor. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 48 Service of notice VerDate:30/06/1997 A bankruptcy notice shall be served and service thereof shall be proved in the like manner as is by these rules prescribed for the service of a creditor's petition. (See Forms 7, 15, 16) [cf. R. 143] BANKRUPTCY RULES - RULE 49 Proof of service of statutory demand VerDate:01/04/1998 (1) Where under section 6A of the Ordinance the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit proving service of the demand. (2) Every affidavit must have exhibited to it a copy of the demand as served. (3) Subject to paragraph (4), if the statutory demand has been served personally on the debtor, the affidavit must be made by the person who effected that service. (4) If service of the statutory demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgment to be authorized to accept service on the debtor's behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgment of service must be exhibited to the affidavit. (5) If neither paragraph (3) nor (4) applies, the affidavit must be made by a person having direct personal knowledge of the means adopted for serving the statutory demand, and must- (a) give particulars of the steps which have been taken with a view to serving the demand personally; (b) state the means whereby (those steps having been ineffective) it was sought to bring the demand to the debtor's attention; and (c) specify a date by which, to the best of the knowledge, information and belief of the person making the affidavit, the demand will have come to the debtor's attention. (6) The steps of which particulars are given for the purposes of paragraph (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition. (7) If the affidavit specifies a date for the purposes of compliance with paragraph (5)(c), then unless the court otherwise orders, that date is deemed for the purposes of these rules to have been the date on which the statutory demand was served on the debtor. (8) Where the creditor has taken advantage of rule 46(3), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit- (a) the means of the creditor's knowledge or (as the case may be) belief required for the purposes of that rule; and (b) the date or dates on which, and the newspaper in which, the statutory demand was advertised under that rule, and there shall be exhibited to the affidavit a copy of any advertisement of the demand. (9) The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by rule 46(2). (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 49 Setting aside notice VerDate:30/06/1997 When the court makes an order setting aside the bankruptcy notice, it may at the same time declare that no act of bankruptcy has been committed by the debtor under such notice. (See Form 9) [cf. R. 144] BANKRUPTCY RULES - RULE 50 Description and address of debtor VerDate:01/04/1998 Petitions (1) Where a petition is presented by a debtor, he shall, besides inserting therein his name, description, Hong Kong Identity Card number or passport number and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (L.N. 77 of 1998) (2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. (3) A petitioner who is not the debtor shall state the debtor's Hong Kong Identity Card number or passport number in the petition unless he does not have such information and cannot reasonably obtain it. (L.N. 77 of 1998) [cf. R. 146] BANKRUPTCY RULES - RULE 50 Description and address of debtor VerDate:30/06/1997 Petitions (1) Where a petition is presented by a debtor, he shall, besides inserting therein his name and description and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (See Form 3) (2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. [cf. R. 146] BANKRUPTCY RULES - RULE 51 Attestation VerDate:01/04/1998 Every bankruptcy petition shall be attested. If it be attested in Hong Kong, the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of Hong Kong, the witness must be a judge or magistrate or a Chinese consular officer or a notary public of the jurisdiction where the attestation takes place. (L.N. 231 of 1984; L.N. 77 of 1998) [cf. R. 148] BANKRUPTCY RULES - RULE 51 Attestation VerDate:30/06/1997 Every bankruptcy petition shall be attested. If it be attested in Hong Kong, the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of Hong Kong, the witness must be a judge or magistrate or a British consul or vice-consul or a notary public. (L.N. 231 of 1984) [cf. R. 148] BANKRUPTCY RULES - RULE 51A Copies of documents filed in bankruptcy proceedings to be served on Official Receiver VerDate:30/06/1997 Where a petitioner presents or files at court any document in connection with any bankruptcy proceedings, he or his solicitor shall, within 24 hours of such presentation or filing, serve a copy of the document presented or filed on the Official Receiver. (L.N. 272 of 1977) BANKRUPTCY RULES - RULE 52 Deposit by petitioner VerDate:10/12/2007 (1) Upon the presentation of a petition, the petitioner shall pay to the Official Receiver a deposit of— (a) in the case of a debtor's petition, the sum of $8650; or (b) in the case of a creditor's petition, the sum of $12150. (2) No petition shall be received unless the receipt of the Official Receiver for the deposit payable under paragraph (1) is produced to the Registrar. (3) After presenting a petition, the petitioner shall deposit with the Official Receiver such further sum as the court may, on the application of the Official Receiver, from time to time direct. (4) The deposit and any further deposit paid shall be applied to cover the fees, charges and percentages prescribed in the Bankruptcy (Fees and Percentages) Order (Cap. 6 sub. leg. C) and payable to the Official Receiver, and costs, charges and expenses incurred or authorized by the Official Receiver, whether acting as trustee or otherwise, including the costs of any person properly employed by him. (5) After the deposit and any further deposit have been so applied, the Official Receiver shall— (a) in the case of a debtor's petition where a provisional trustee is appointed under section 12(1A) of the Ordinance— (i) retain any balance of the deposit and further deposit, which shall be applied in accordance with section 37(1) of the Ordinance; and (ii) after complying with sub-subparagraph (i), account for and pay any unexpended balance of the deposit and further deposit to the trustee; or (b) in the case of a debtor's petition other than that referred to in subparagraph (a) and in the case of a creditor's petition, account for and pay any unexpended balance of the deposit and further deposit to the trustee. (6) The trustee shall account for any unexpended balance of the deposit and further deposit paid to him under paragraph (5)(a)(ii) or (b)— (a) in the case of a debtor's petition, to the bankrupt's estate; or (b) in the case of a creditor's petition, to that creditor. (7) For the purposes of paragraph (6)(b), the trustee shall— (a) pay any unexpended balance of the deposit and further deposit to that creditor; and (b) repay the amount of the deposit and further deposit expended and applied under paragraph (4) to that creditor out of the assets of the bankrupt in accordance with section 37(1) of the Ordinance. (L.N. 123 of 2007) BANKRUPTCY RULES - RULE 52 Deposit by petitioner VerDate:01/04/1998 (1) Upon the presentation of a petition either by the debtor or by a creditor, the petitioner shall deposit with the Official Receiver the sum of $8650 where the petitioner is a debtor or $12150 where the petitioner is a creditor, and such further sum (if any) as the petitioner and the Official Receiver may agree to or as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar. (L.N. 91 of 1996; L.N. 166 of 1997; L.N. 77 of 1998) (2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance. (L.N. 46 of 1964; L.N. 39 of 1976; L.N. 143 of 1985) [cf. R. 149] BANKRUPTCY RULES - RULE 52 Deposit by petitioner VerDate:30/06/1997 (1) Upon the presentation of a petition either by the debtor or by a creditor, the petitioner shall deposit with the Official Receiver the sum of $8650 where the petitioner is a debtor or $12150 where the petitioner is a creditor, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar. (L.N. 91 of 1996; L.N. 166 of 1997) (2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance (Cap 6). (L.N. 46 of 1964; L.N. 39 of 1976; L.N. 143 of 1985) [cf. R. 149] BANKRUPTCY RULES - RULE 52A Deposits in respect of voluntary arrangements VerDate:01/04/1998 (1) Unless the applicant is also the nominee, where an application is made for an interim order under section 20A of the Ordinance, the applicant or some other person on his behalf shall, at the time of making the application, deposit with the nominee the sum of $12150, and such further sum (if any) as the applicant and nominee may agree to or as the court may from time to time direct, to cover the fees, expenses and remuneration to be incurred by the nominee in connection with the work done by him in respect of the voluntary arrangement. (2) This rule applies whether or not the voluntary arrangement is approved by the creditors. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 52A Deposits in respect of compositions or schemes of arrangement VerDate:30/06/1997 Where a debtor or bankrupt lodges with the Official Receiver a proposal for a composition in satisfaction of his debts or a scheme of arrangement of his affairs out of monies to be provided by another person, that other person shall at the time of such lodgment, deposit with the Official Receiver the sum of $12150 and, when so directed, such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver in connection with the work done by the Official Receiver in respect of the composition or scheme, whether or not such composition or scheme is approved by the creditors or the court. (L.N. 429 of 1993; L.N. 91 of 1996; L.N. 166 of 1997) BANKRUPTCY RULES - RULE 53 Registration of petition in Land Registry VerDate:12/02/2005 When a petition is filed, the Official Receiver may register a memorial of the petition in the Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name of any spouse of the debtor. This provision shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5) BANKRUPTCY RULES - RULE 53 Registration of petition in Land Registry or District Land Registry VerDate:01/04/1998 When a petition is filed, the Official Receiver may register a memorial of the petition in the Land Registry or in any District Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name of any spouse of the debtor. This provision shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own. (8 of 1993 s. 30; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 53 Registration of petition in Land Registry or District Land Registry VerDate:30/06/1997 When a petition is filed, the Official Receiver may register a memorial of the petition in the Land Registry or in any District Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name or names of any wife or concubine of the debtor. This provision shall so far as the nature of the case will admit apply in the case of any person carrying on business in a name or style other than his own. (8 of 1993 s. 30) BANKRUPTCY RULES - RULE 54 Registration of petition in Land Registry against partner VerDate:12/02/2005 The Official Receiver may in either of the cases mentioned in rule 133 or 135 register a memorial of the petition in the Land Registry against any property registered in the name or names of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name of the spouse of any of them. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5) BANKRUPTCY RULES - RULE 54 Registration of petition in Land Registry or District Land Registry against partner VerDate:01/04/1998 The Official Receiver may in either of the cases mentioned in rule 133 or 135 register a memorial of the petition in the Land Registry or in any District Land Registry against any property registered in the name or names of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name of the spouse of any of them. (8 of 1993 s. 30; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 54 Registration of petition in Land Registry or District Land Registry against partner VerDate:30/06/1997 The Official Receiver may in either of the cases mentioned in rule 133 or 135 register a memorial of the petition in the Land Registry or in any District Land Registry against any property registered in the name or names of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name or names of any wife or concubine of his or theirs respectively. (8 of 1993 s. 30) BANKRUPTCY RULES - RULE 55 Security for costs VerDate:30/06/1997 Creditor's petition A petitioning creditor who is resident out of the jurisdiction, or whose estate is vested in a trustee under any law relating to bankruptcy, or against whom a petition is pending under the Ordinance, or who has made default in payment of any costs ordered by any court to be paid by him to the debtor, may be ordered to give security for costs to the debtor. [cf. R. 150] BANKRUPTCY RULES - RULE 56 Verification VerDate:30/06/1997 Every creditor's petition shall be verified by affidavit, and when it is filed there shall be lodged with it one copy to be sealed and issued to the petitioner. [cf. R. 151] BANKRUPTCY RULES - RULE 57 Who to verify VerDate:30/06/1997 When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them. [cf. R. 152] BANKRUPTCY RULES - RULE 58 Joint petitioners VerDate:30/06/1997 Where a petition is presented by 2 or more creditors jointly, it shall not be necessary for each creditor to depose to the truth of all the statements which are within his own knowledge, but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is. [cf. R. 153] BANKRUPTCY RULES - RULE 59 Service VerDate:30/06/1997 Service of creditor's petition (1) Service of a creditor's petition shall be effected by the creditor or his solicitor, or a person in their employment, delivering a sealed copy of the petition to the debtor. (2) If the court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is evading service of the petition or any other legal process, or for any other cause, it may order substituted service to be effected in such manner as it thinks fit. (3) Where an order under paragraph (2) has been carried out, the petition shall be deemed to have been duly served on the debtor. (L.N. 194 of 1987) BANKRUPTCY RULES - RULE 60 Death of debtor before service of petition VerDate:30/06/1997 If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the court may order service to be effected on the personal representatives of the debtor or on the Official Administrator or on such other persons as the court may think fit. [cf. R. 159] BANKRUPTCY RULES - RULE 61 Form and contents of order VerDate:10/12/2007 Interim trustee (L.N. 123 of 2007) Where an order is made appointing the Official Receiver to be interim trustee of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession. (L.N. 123 of 2007) [cf. R. 161] BANKRUPTCY RULES - RULE 61 Form and contents of order VerDate:30/06/1997 Interim receiver Where an order is made appointing the Official Receiver to be interim receiver of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession. [cf. R. 161] BANKRUPTCY RULES - RULE 62 Deposit VerDate:30/06/1997 Before any such order is made, the person who has made the application therefor shall deposit with the Official Receiver the sum of $3000 towards the prescribed fee for the Official Receiver, and such further sum as the court directs for the expenses which may be incurred by him. (L.N. 46 of 1964; L.N. 143 of 1985; L.N. 429 of 1993) [cf. R. 162] BANKRUPTCY RULES - RULE 63 Further deposit necessary VerDate:10/12/2007 If the sum of $3000, and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person on whose application the order has been made shall from time to time deposit with the Official Receiver such additional sum as the court may, on the application of the Official Receiver, from time to time direct, and such sum shall be deposited within 48 hours after the making of a written request therefor. If such additional sum be not so deposited, the order appointing the interim trustee may be discharged by the court. (G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 143 of 1985; 80 of 1997 s. 102; L.N. 123 of 2007) [cf. R. 163] BANKRUPTCY RULES - RULE 63 Further deposit necessary VerDate:30/06/1997 If the sum of $3000, and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person on whose application the order has been made shall from time to time deposit with the Official Receiver such additional sum as the court may, on the application of the Official Receiver, from time to time direct, and such sum shall be deposited within 48 hours after the making of a written request therefor. If such additional sum be not so deposited, the order appointing the interim receiver may be discharged by the court. (G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 143 of 1985; 80 of 1997 s. 102) [cf. R. 163] BANKRUPTCY RULES - RULE 64 Repayment of deposit VerDate:10/12/2007 If an order appointing an interim trustee is followed by a bankruptcy order, the deposits made by the creditor on whose application such interim trustee was appointed shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable and the expenses incurred by the interim trustee) out of the proceeds of the estate in the order of priority prescribed by the Ordinance. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. Cap 6 s. 37] [cf. R. 164] BANKRUPTCY RULES - RULE 64 Repayment of deposit VerDate:01/04/1998 If an order appointing an interim receiver is followed by a bankruptcy order, the deposits made by the creditor on whose application such interim receiver was appointed shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable and the expenses incurred by the interim receiver) out of the proceeds of the estate in the order of priority prescribed by the Ordinance. (L.N. 77 of 1998) [cf. Cap 6 s. 37] [cf. R. 164] BANKRUPTCY RULES - RULE 64 Repayment of deposit VerDate:30/06/1997 If an order appointing an interim receiver is followed by a receiving order, the deposits made by the creditor on whose application such interim receiver was appointed shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable and the expenses incurred by the interim receiver) out of the proceeds of the estate in the order of priority prescribed by the Ordinance. [cf. Cap. 6 s. 37] [ cf. R. 164] BANKRUPTCY RULES - RULE 65 Damages if petition dismissed VerDate:10/12/2007 Where, after an order has been made appointing an interim trustee, the petition is dismissed, the court shall, upon to application to be made within 21 days from the date of the dismissal thereof, adjudicate with respect to any damages or claim thereto arising out of the appointment and shall make such order as the court thinks fit, and such decision or order shall be final and conclusive between the parties. (L.N. 123 of 2007) [cf. R. 165] BANKRUPTCY RULES - RULE 65 Damages if petition dismissed VerDate:30/06/1997 Where, after an order has been made appointing an interim receiver, the petition is dismissed, the court shall, upon to application to be made within 21 days from the date of the dismissal thereof, adjudicate with respect to any damages or claim thereto arising out of the appointment and shall make such order as the court thinks fit, and such decision or order shall be final and conclusive between the parties. [cf. R. 165] BANKRUPTCY RULES - RULE 66 Time of hearing VerDate:10/12/2007 Hearing of petition The Registrar shall appoint the time and place at which the petition will be heard and notice thereof shall be written on the petition and sealed copy. Where the petition has not been served, the Registrar may appoint another time and place for such hearing. (L.N. 123 of 2007) [cf. R. 167] BANKRUPTCY RULES - RULE 66 Time of hearing VerDate:30/06/1997 Hearing of petition The Registrar shall after reference to the Official Receiver appoint the time and place at which the petition will be heard and notice thereof shall be written on the petition and sealed copy, and where the petition has not been served the Registrar may, after such reference as aforesaid, from time to time alter the first day so appointed and appoint another day and hour. [cf. R. 167] BANKRUPTCY RULES - RULE 67 Several respondents VerDate:30/06/1997 Where there are more respondents than one to a petition, the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected. [cf. R. 168] BANKRUPTCY RULES - RULE 68 Debtor intending to show cause VerDate:30/06/1997 Where a debtor intends to show cause against a petition, he shall file a notice with the Official Receiver specifying the grounds on which he intends to show cause, and shall post to the petitioning creditor or to his solicitor a copy of the notice, in each case 3 days before the day on which the petition is to be heard. [cf. R. 169] BANKRUPTCY RULES - RULE 69 Non-appearance of debtor VerDate:01/04/1998 If the debtor does not appear at the hearing, the court may on hearing the petitioning creditor and the Official Receiver either dismiss the petition or make a bankruptcy order on such proof of the statements in the petition and of the amount of assets and liabilities as the court thinks sufficient. (L.N. 77 of 1998) [cf. R. 170] BANKRUPTCY RULES - RULE 69 Non-appearance of debtor VerDate:30/06/1997 If the debtor does not appear at the hearing, the court may on hearing the petitioning creditor and the Official Receiver either dismiss the petition or make a receiving order on such proof of the statements in the petition and of the amount of assets and liabilities as the court thinks sufficient. (See Forms 23, 25, 26) [cf. R. 170] BANKRUPTCY RULES - RULE 70 Hearing of petition VerDate:30/06/1997 On the hearing of the petition, the amount of assets and liabilities, and in the case of a creditor's petition any matters which the debtor has given notice that he intends to dispute, shall be proved. [cf. R. 171] BANKRUPTCY RULES - RULE 71 Non-appearance of creditor VerDate:01/04/1998 If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall without the leave of the court be presented by the same creditor in respect of the same debt. (L.N. 77 of 1998) [cf. R. 172] BANKRUPTCY RULES - RULE 71 Non-appearance of creditor VerDate:30/06/1997 If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall without the leave of the court be presented by the same creditor in respect of the same act of bankruptcy. [cf. R. 172] BANKRUPTCY RULES - RULE 72 Application to withdraw petition VerDate:30/06/1997 No application to withdraw a petition shall be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver not less than 7 days before the day named in the notice for hearing the application. BANKRUPTCY RULES - RULE 72A Drawing up and contents of bankruptcy order VerDate:10/12/2007 Bankruptcy order, etc. (G.N.A. 124 of 1955; L.N. 77 of 1998) (1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which a bankruptcy order is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith. (2) It shall not be necessary for the Registrar to make an appointment to settle an order unless in any particular case the special circumstances make an appointment necessary. (3) A bankruptcy order, or an order for the appointment of an interim trustee shall contain at the foot thereof a notice stating that it will be the duty of the petitioner or the debtor to attend on the interim trustee, provisional trustee or trustee, as the case may be, at such time and place as he may appoint and to give him all information he may require. (L.N. 123 of 2007) (L.N. 272 of 1977; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 72A Drawing up and contents of bankruptcy order VerDate:01/04/1998 Bankruptcy order, etc. (G.N.A. 124 of 1955; L.N. 77 of 1998) (1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which a bankruptcy order is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith. (2) It shall not be necessary for the Registrar to make an appointment to settle an order unless in any particular case the special circumstances make an appointment necessary. (3) A bankruptcy order, or an order for the appointment of an interim receiver shall contain at the foot thereof a notice stating that it will be the duty of the petitioner or his solicitor to attend on the Official Receiver at such time and place as he may appoint and to give him all information he may require. (L.N. 272 of 1977; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 72A Drawing up and contents of receiving order VerDate:30/06/1997 Receiving order, etc. (G.N.A. 124 of 1955) (1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which a receiving order is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith. (2) It shall not be necessary for the Registrar to make an appointment to settle an order unless in any particular case the special circumstances make an appointment necessary. (3) A receiving order, or an order for the appointment of an interim receiver shall contain at the foot thereof a notice stating that it will be the duty of the petitioner or his solicitor to attend on the Official Receiver at such time and place as he may appoint and to give him all information he may require. (L.N. 272 of 1977) BANKRUPTCY RULES - RULE 73 Registration of bankruptcy order in Land Registry VerDate:10/12/2007 Where a bankruptcy order is made, the trustee may register a memorial of such bankruptcy order in the Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name of the spouse of the debtor. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5; L.N. 123 of 2007) BANKRUPTCY RULES - RULE 73 Registration of bankruptcy order in Land Registry VerDate:12/02/2005 Where a bankruptcy order is made, the Official Receiver may register a memorial of such bankruptcy order in the Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name of the spouse of the debtor. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5) BANKRUPTCY RULES - RULE 73 Registration of bankruptcy order in Land Registry or District Land Registry VerDate:01/04/1998 Where a bankruptcy order is made, the Official Receiver may register a memorial of such bankruptcy order in the Land Registry or in any District Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name of the spouse of the debtor. (8 of 1993 s. 30; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 73 Registration of receiving order or order of adjudication in Land Registry or District Land Registry VerDate:30/06/1997 Where a receiving order or an order of adjudication is made, the Official Receiver may register a memorial of such receiving order or order of adjudication in the Land Registry or in any District Land Registry against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name or names of any wife or concubine of the debtor. (8 of 1993 s. 30) BANKRUPTCY RULES - RULE 74 Registration of bankruptcy order in Land Registry against partner VerDate:10/12/2007 Where a bankruptcy order is made against a firm, the trustee may register a memorial thereof in the Land Registry against any property registered in the name of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name of the spouse of any partner. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5; L.N. 123 of 2007) BANKRUPTCY RULES - RULE 74 Registration of bankruptcy order in Land Registry against partner VerDate:12/02/2005 Where a bankruptcy order is made against a firm, the Official Receiver may register a memorial thereof in the Land Registry against any property registered in the name of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name of the spouse of any partner. (8 of 1993 s. 30; L.N. 77 of 1998; 20 of 2002 s. 5) BANKRUPTCY RULES - RULE 74 Registration of bankruptcy order in Land Registry, or District Land Registry, against partner VerDate:01/04/1998 Where a bankruptcy order is made against a firm, the Official Receiver may register a memorial thereof in the Land Registry or in any District Land Registry against any property registered in the name of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name of the spouse of any partner. (8 of 1993 s. 30; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 74 Registration of receiving order or order of adjudication in Land Registry, or District Land Registry, against partner VerDate:30/06/1997 Where a receiving order or an order of adjudication is made against a firm, the Official Receiver may register a memorial thereof in the Land Registry or in any District Land Registry against any property registered in the name of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name or names of any wife or concubine of such partner or partners. (8 of 1993 s. 30) BANKRUPTCY RULES - RULE 75 Service of bankruptcy order VerDate:10/12/2007 The trustee shall cause a sealed copy of a bankruptcy order to be served on the debtor. (G.N.A. 124 of 1955; L.N. 77 of 1998; L.N. 123 of 2007) BANKRUPTCY RULES - RULE 75 Service of bankruptcy order VerDate:01/04/1998 The Official Receiver shall cause a sealed copy of a bankruptcy order to be served on the debtor. (G.N.A. 124 of 1955; L.N. 77 of 1998) BANKRUPTCY RULES - RULE 75 Service of receiving order, etc. VerDate:30/06/1997 The Official Receiver shall cause a sealed copy of a receiving order and an adjudication order to be served on the debtor. (See Forms 25, 26, 78) (G.N.A. 124 of 1955) BANKRUPTCY RULES - RULE 76 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 76 Receiving order on bankruptcy notice VerDate:30/06/1997 A receiving order shall not be made against a debtor on a petition in which the act of bankruptcy alleged is non-compliance with a bankruptcy notice within the appointed time, where such debtor has applied to set aside such notice until after the hearing of the application, or where the notice has been set aside, or during a stay of the proceedings thereon, but in such case the petition shall be adjourned or dismissed as the court may think fit. [cf. R. 184] BANKRUPTCY RULES - RULE 77 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 77 Stay of proceedings VerDate:30/06/1997 There may be included in a receiving order an order staying any action or proceeding against the debtor or staying proceedings generally. [cf. R. 185] BANKRUPTCY RULES - RULE 78 Advertisement VerDate:01/04/1998 Where a bankruptcy order is made the Official Receiver shall forthwith send notice thereof to the Gazette and to such local newspaper or newspapers as he may think fit. (L.N. 77 of 1998) [cf. R. 186] BANKRUPTCY RULES - RULE 78 Advertisement VerDate:30/06/1997 Where a receiving order is made the Official Receiver shall forthwith send notice thereof to the Gazette and to such local newspaper or newspapers as he may think fit. (See Form 27) [cf. R. 186] BANKRUPTCY RULES - RULE 79 Costs of petition, etc. VerDate:01/04/1998 (1) Subject to paragraphs (2), (3) and (4), the costs of all proceedings under the Ordinance down to and including the making of the bankruptcy order shall be borne by the party prosecuting the same. (2) The court may at any time order that the debtor shall pay the whole or any part of the costs. (3) Where a bankruptcy order is made on the petition of the debtor while a creditor's petition against him is pending, the court may order that the costs shall be paid out of the estate. (4) Where a bankruptcy order is made on a creditor's petition, the costs of the petitioning creditor shall be taxed and paid out of the estate. (L.N. 39 of 1976; L.N. 77 of 1998) [cf. R. 187] BANKRUPTCY RULES - RULE 79 Costs of petition, etc. VerDate:30/06/1997 (1) Subject to paragraphs (2), (3) and (4), the costs of all proceedings under the Ordinance down to and including the making of the receiving order shall be borne by the party prosecuting the same. (2) The court may at any time order that the debtor shall pay the whole or any part of the costs. (3) Where a receiving order is made on the petition of the debtor while a creditor's petition against him is pending, the court may order that the costs shall be paid out of the estate. (4) Where a receiving order is made on a creditor's petition, the costs of the petitioning creditor, including the costs of any bankruptcy notice sued out by him, shall be taxed and paid out of the estate. (L.N. 39 of 1976) [cf.R. 187] BANKRUPTCY RULES - RULE 79A Official Receiver's costs where proceeds of estate insufficient VerDate:01/04/1998 When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the Official Receiver in excess of the deposit made under rule 52 after the making of the bankruptcy order the court may order such costs to be paid by the party prosecuting the proceedings. (L.N. 39 of 1976; L.N. 77 of 1998) [cf. S.I. 1952/2113 r. 181 U.K.] BANKRUPTCY RULES - RULE 79A Official Receiver's costs where proceeds of estate insufficient VerDate:30/06/1997 When the proceeds of the estate are not sufficient for the payment of any costs necessarily incurred by the Official Receiver in excess of the deposit made under rule 52 between the making of the receiving order and the conclusion of the first meeting of creditors the court may order such costs to be paid by the party prosecuting the proceedings. (L.N. 39 of 1976) [cf. S.I. 1952/2113 r. 181 U.K.] BANKRUPTCY RULES - RULE 80 Application to annul bankruptcy order or to stay proceedings thereunder VerDate:10/12/2007 (1) An application to the court to annul a bankruptcy order or to stay proceedings thereunder, made by any person other than the Official Receiver or trustee shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver or trustee, as the case may be. Notice of any such application shall be served on the Official Receiver or trustee, as the case may be, not less than 7 days before the day named in the notice for hearing the application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit. (1A) Before an application referred to in paragraph (1) is heard by the court, the applicant shall, if he considers that notice of annulment should be advertised or gazetted under section 33(5) of the Ordinance in the event the application is successful, deposit with the Official Receiver or trustee the costs thereof, as estimated by the Official Receiver or trustee. (L.N. 77 of 1998) (2) In any case in which any such application is made by the Official Receiver or trustee, 4 days' notice thereof and a copy of any report in support thereof shall be served on the bankrupt and the petitioning creditor (if any) and the trustee where he is not the applicant: Provided that where such service is found to be impracticable by reason that the bankrupt or the petitioning creditor is out of Hong Kong or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected. (3) Where an application is made to the court under section 33(1)(b) of the Ordinance to annul a bankruptcy order, the trustee shall and the Official Receiver (where he is not the trustee) may make and file 4 days before the day appointed for hearing the application a report as to the bankrupt's conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by the Official Receiver, or by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application, any report made by the Official Receiver under this paragraph shall be prima facie evidence of the statements therein contained. [cf. R. 188A] (3A) Where an order is made annulling a bankruptcy order, the trustee shall, on application by the former bankrupt, issue to him a certificate confirming such annulment. (L.N. 77 of 1998) (4) For the purposes of this rule "creditor" (債權人) includes all creditors mentioned in the bankrupt's statement of affairs or who have notified to the trustee that they have, or at the date of the bankruptcy order had, claims against the bankrupt. (L.N. 231 of 1984; L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 188] "creditor" (債權人) BANKRUPTCY RULES - RULE 80 Application to annul bankruptcy order or to stay proceedings thereunder VerDate:01/04/1998 (1) An application to the court to annul a bankruptcy order or to stay proceedings thereunder, made by any person other than the Official Receiver or trustee shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver or trustee, as the case may be. Notice of any such application shall be served on the Official Receiver or trustee, as the case may be, not less than 7 days before the day named in the notice for hearing the application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit. (1A) Before an application referred to in paragraph (1) is heard by the court, the applicant shall, if he considers that notice of annulment should be advertised or gazetted under section 33(5) of the Ordinance in the event the application is successful, deposit with the Official Receiver or trustee the costs thereof, as estimated by the Official Receiver or trustee. (L.N. 77 of 1998) (2) In any case in which any such application is made by the Official Receiver, 4 days' notice thereof and a copy of any report in support thereof shall be served on the bankrupt and the petitioning creditor (if any): Provided that where such service is found to be impracticable by reason that the bankrupt or the petitioning creditor is out of Hong Kong or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected. (3) Where an application is made to the court under section 33(1)(b) of the Ordinance to annul a bankruptcy order, the Official Receiver shall make and file 4 days before the day appointed for hearing the application a report as to the bankrupt's conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application, the report shall be prima facie evidence of the statements therein contained. [cf. R. 188A] (3A) Where an order is made annulling a bankruptcy order, the Official Receiver shall, on application by the former bankrupt, issue to him a certificate confirming such annulment. (L.N. 77 of 1998) (4) For the purposes of this rule "creditor" (債權人) includes all creditors mentioned in the bankrupt's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the bankruptcy order had, claims against the bankrupt. (L.N. 231 of 1984; L.N. 77 of 1998) [cf. R. 188] "creditor" (債權人) BANKRUPTCY RULES - RULE 80 Application to rescind order, to stay proceedings thereunder or to annul adjudication VerDate:30/06/1997 (1) An application to the court to rescind a receiving order or to stay proceedings thereunder, or to annul an adjudication, made by any person other than the Official Receiver shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver. Notice of any such application shall be served on the Official Receiver not less than 7 days before the day named in the notice for hearing the application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit. (See Forms 18, 19, 79) (2) In any case in which any such application is made by the Official Receiver, 4 days' notice thereof and a copy of any report in support thereof shall be served on the debtor and the petitioning creditor (if any): Provided that where such service is found to be impracticable by reason that the debtor or the petitioning creditor is out of Hong Kong or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected. (3) Where an application is made to the court to rescind a receiving order or annul an order of adjudication, the Official Receiver shall make and file 4 days before the day appointed for hearing the application a report as to the debtor's conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application, the report shall be prima facie evidence of the statements therein contained. [cf. R. 188A] (4) For the purposes of this rule "creditor" (債權人) includes all creditors mentioned in the debtor's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor. (L.N. 231 of 1984) [cf. R. 188] "creditor" (債權人) BANKRUPTCY RULES - RULE 81 How made out VerDate:10/12/2007 Statement of affairs The statement of affairs shall be made out in duplicate, and one copy shall be verified. The trustee shall file in court the verified statement of affairs submitted to him by the bankrupt. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 189] BANKRUPTCY RULES - RULE 81 How made out VerDate:01/04/1998 Statement of affairs The statement of affairs shall be made out in duplicate, and one copy shall be verified. The Official Receiver shall file in court the verified statement of affairs submitted to him by the bankrupt. (L.N. 77 of 1998) [cf. R. 189] BANKRUPTCY RULES - RULE 81 How made out VerDate:30/06/1997 Statement of affairs The statement of affairs shall be made out in duplicate, and one copy shall be verified. The Official Receiver shall file in court the verified statement of affairs submitted to him by the debtor. (See Form 28) [cf. R. 189] BANKRUPTCY RULES - RULE 81A (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 81A Dispensation of statement of affairs VerDate:30/06/1997 (1) Where under section 18(1) of the Ordinance the court is considering whether an order dispensing with the requirement that a debtor shall make out and submit a statement of affairs should be made, it may receive a report of the Official Receiver informing the court of the circumstances in support of such order. (2) When the court has made an order dispensing with the requirement that a debtor shall make out and submit a statement of affairs, it may give such consequential directions as it sees fit and in particular it may give directions as to the sending of any notices which are by the Ordinance (Cap. 6) or these rules required to be sent to any person named in the statement of affairs. (L.N. 37 of 1977) BANKRUPTCY RULES - RULE 82 Extension of time VerDate:10/12/2007 Where any bankrupt requires any extension of the time for the filing by him of his statement of affairs, the bankrupt shall apply to the trustee, who may, if he thinks fit, give a written certificate extending such time. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 190] BANKRUPTCY RULES - RULE 82 Extension of time VerDate:01/04/1998 Where any bankrupt requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending such time. (L.N. 77 of 1998) [cf. R. 190] BANKRUPTCY RULES - RULE 82 Extension of time VerDate:30/06/1997 Where any debtor requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate extending such time, which certificate shall be filed and shall render an application to the court under section 18 of the Ordinance unnecessary. [cf. R. 190] BANKRUPTCY RULES - RULE 82A Application for public examination VerDate:10/12/2007 Public examination (1) An application by the Official Receiver or trustee under section 19 of the Ordinance for the public examination of a bankrupt shall be made inter partes and the evidence in support of the application may be in the form of a report to the court setting out the reasons why such an examination is needed. (L.N. 123 of 2007) (2) A report to the court under paragraph (1) shall be confidential but the court may, on application, allow the bankrupt to see all or part of the report provided the bankrupt satisfies the court that it would be unfair to him not to allow him to see it. (3) Where a creditor intends to question a bankrupt, he shall, not less than 7 days before the date of the examination, provide the Official Receiver or trustee, as the case may be, with a list of the topics on which he intends to put such questions. (4) A record signed by the bankrupt under section 19 of the Ordinance shall be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 82A Application for public examination VerDate:01/04/1998 Public examination (1) An application by the Official Receiver under section 19 of the Ordinance for the public examination of a bankrupt shall be made inter partes and the evidence in support of the application may be in the form of a report to the court setting out the reasons why such an examination is needed. (2) A report to the court under paragraph (1) shall be confidential but the court may, on application, allow the bankrupt to see all or part of the report provided the bankrupt satisfies the court that it would be unfair to him not to allow him to see it. (3) Where a creditor intends to question a bankrupt, he shall, not less than 7 days before the date of the examination, provide the Official Receiver or trustee, as the case may be, with a list of the topics on which he intends to put such questions. (4) A record signed by the bankrupt under section 19 of the Ordinance shall be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 82B Preliminary public examination proceedings VerDate:10/12/2007 (1) A bankrupt in respect of whom the court has made an order under section 19 of the Ordinance shall, unless the court otherwise orders, attend- (L.N. 123 of 2007) (a) where the application for public examination is made by the Official Receiver, at a time and place to be notified to him by the Official Receiver in writing to be examined as to his affairs by the Official Receiver; (b) where the application for public examination is made by the trustee, at a time and place to be notified to him by the trustee in writing to be examined as to his affairs by the trustee. (2) The notice shall also require the bankrupt to bring with him a list of his creditors, particulars of his assets and any books of account and other documents relevant to an investigation of his affairs not already delivered to the Official Receiver or trustee, as the case may be. (3) At the conclusion of the preliminary examination of the bankrupt the examiner shall prepare notes of such parts of the information given by the bankrupt as he considers necessary or desirable to place on record. (4) A copy of such notes shall be served by the Official Receiver or trustee, as the case may be, on the bankrupt sufficiently before his public examination to enable him to be advised thereon, if he so wishes. (5) The bankrupt may adopt the notes of his preliminary examination under this rule as or as part of his evidence at his public examination, and, when so adopted, they shall be read out by the Official Receiver or trustee, as the case may be, signed by the bankrupt and filed as the notes or part of the notes of his public examination. (L.N. 77 of 1998; L.N. 123 of 2007) BANKRUPTCY RULES - RULE 82B Preliminary public examination proceedings VerDate:01/04/1998 (1) A bankrupt in respect of whom the court has made an order under section 19 of the Ordinance shall, unless the court otherwise orders, attend at a time and place to be notified to him by the Official Receiver in writing to be examined as to his affairs by the Official Receiver or a clerk of the Official Receiver deputed by him. (2) The notice shall also require the bankrupt to bring with him a list of his creditors, particulars of his assets and any books of account and other documents relevant to an investigation of his affairs not already delivered to the Official Receiver. (3) At the conclusion of the preliminary examination of the bankrupt the examiner shall prepare notes of such parts of the information given by the bankrupt as he considers necessary or desirable to place on record. (4) A copy of such notes shall be served by the Official Receiver on the bankrupt sufficiently before his public examination to enable him to be advised thereon, if he so wishes. (5) The bankrupt may adopt the notes of his preliminary examination under this rule as or as part of his evidence at his public examination, and, when so adopted, they shall be read out by the Official Receiver, signed by the bankrupt and filed as the notes or part of the notes of his public examination. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 83 Adjournments sine die VerDate:01/04/1998 Where the court is of opinion that a bankrupt is failing to disclose his affairs or where the bankrupt has failed to attend the public examination or any adjournment thereof or where the bankrupt has not complied with any order of the court in relation to his accounts, conduct, dealings and property and no good cause is shown by him for such failure, the court may forthwith commit the bankrupt for contempt of court or may adjourn the public examination sine die, and may make such further or other order as the court thinks fit. (L.N. 77 of 1998) [cf. R. 195] BANKRUPTCY RULES - RULE 83 Adjournments sine die VerDate:30/06/1997 Public examination Where the court is of opinion that a debtor is failing to disclose his affairs or where the debtor has failed to attend the public examination or any adjournment thereof or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings and property and no good cause is shown by him for such failure, the court may forthwith commit the debtor for contempt of court or may adjourn the public examination sine die, and may make such further or other order as the court thinks fit. [cf. R. 195] BANKRUPTCY RULES - RULE 84 Application to proceed VerDate:10/12/2007 The court may on the application of the Official Receiver, trustee or bankrupt appoint a day for proceeding with a public examination which has been adjourned sine die. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 196] BANKRUPTCY RULES - RULE 84 Application to proceed VerDate:01/04/1998 The court may on the application either of the Official Receiver or of the bankrupt appoint a day for proceeding with a public examination which has been adjourned sine die. (L.N. 77 of 1998) [cf. R. 196] BANKRUPTCY RULES - RULE 84 Application to proceed VerDate:30/06/1997 The court may on the application either of the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die. [cf. R. 196] BANKRUPTCY RULES - RULE 85 Proceeding after adjournment sine die VerDate:10/12/2007 Where an examination has been adjourned sine die and the bankrupt desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceeding with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the bankrupt, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver or trustee, as the case may be, such sum as he may specify to the bankrupt that he considers sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the bankrupt. (L.N. 77 of 1998; L.N. 123 of 2007) [cf. R. 197] BANKRUPTCY RULES - RULE 85 Proceeding after adjournment sine die VerDate:01/04/1998 Where an examination has been adjourned sine die and the bankrupt desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceeding with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the bankrupt, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver such sum as the Official Receiver may think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the bankrupt. (L.N. 77 of 1998) [cf. R. 197] BANKRUPTCY RULES - RULE 85 Proceeding after adjournment sine die VerDate:30/06/1997 Where an examination has been adjourned sine die and the debtor desires to have a day appointed for proceeding with his public examination, the expense of gazetting, advertising and giving notice to creditors of the day to be appointed for proceeding with such examination shall, unless the Official Receiver or trustee, as the case may be, consents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examination, deposit with the Official Receiver such sum as the Official Receiver may think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor. [cf. R. 197] BANKRUPTCY RULES - RULE 86 Notice of public examination VerDate:10/12/2007 In any case in which a public examination has been ordered under section 19(4) of the Ordinance or has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, the Official Receiver or trustee (whoever makes the application under section 19(1) of the Ordinance) shall- (L.N. 123 of 2007) (a) send notice of the date, time and place appointed for such public examination to all persons mentioned in section 19(5) of the Ordinance; and (b) gazette such notice at least 7 days before the day so appointed. (L.N. 77 of 1998; L.N. 123 of 2007) BANKRUPTCY RULES - RULE 86 Notice of public examination VerDate:01/04/1998 In any case in which a public examination has been ordered under section 19(4) of the Ordinance or has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, notice of the date, time and place appointed for such public examination shall be sent by the Official Receiver to all persons mentioned in section 19(5) of the Ordinance, and such notice shall also be gazetted at least 7 days before the day so appointed. (L.N. 77 of 1998) BANKRUPTCY RULES - RULE 86 Notice of proceeding after adjournment sine die VerDate:30/06/1997 In any case in which a public examination has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, 7 days before the day appointed. (See Form 54) [cf. R. 198] BANKRUPTCY RULES - RULE 87 (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 87 Public examination of debtor who is a lunatic, etc. VerDate:30/06/1997 (1) An application for an order dispensing with the public examination of a debtor, or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by any person who has been appointed by any court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application. (See Forms 60, 61) (2) Where the application is made by the Official Receiver, it may be made ex parte and the evidence in support of the application may be given by a report of the Official Receiver to the court, the contents of which report shall be received as prima facie evidence of the matters therein stated. (3) Where the application is made by some person other than the Official Receiver, it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a medical practitioner as to the physical and mental condition of the debtor. (4) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of section 37 of the Ordinance. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver may certify to be necessary for the expenses of the examination. [cf. R. 199] BANKRUPTCY RULES - RULE 87A (Repealed L.N. 77 of 1998) VerDate:01/04/1998 BANKRUPTCY RULES - RULE 87A Report of Official Receiver relating to dispensation with public examination VerDate:30/06/1997 (1) Where an application is made to the court under section 19A of the Ordinance for an order dispensing with the public examination of the debtor, the Official Receiver shall, in his report, inform the court whether or not- (a) written notice of his intention to make the application has been given to every creditor who has tendered a proof; and (b) he has received advice in writing from a majority in value of all the creditors that they oppose the making of the order. (2) The contents of a report made under paragraph (1) shall be received by the court as prima facie evidence of the matters reported upon. (L.N. 39 of 1976) BANKRUPTCY RULES - RULE 87B Application VerDate:01/04/1998 Inquiry into bankrupt's conduct, dealings and property (1) Where an application is made under section 29 of the Ordinance, the application shall be in writing and shall sufficiently identify the person in respect of whom the application is made and shall state whether the person is- (a) to be ordered to appear before the court; (b) to answer interrogatories (if so, particulars are to be given of the matters in respect of which answers are required); (c) to submit affidavits (if so, particulars are to be given of the matters to which he is required to swear); or (d) to produce books, papers or other records (if so, the items in question are to be specified), or for any 2 or more of those purposes. (2) The application shall be made inter partes unless the applicant satisfies the court that the respondent or others may take actions which would prejudicially affect the estate. An application for an order to submit an affidavit shall also be made inter partes unless the applicant satisfies the court that it would likely prejudice the interests o