Hong Kong Regulations

BANKRUPTCY RULES - RULE 44

Form and content of statutory demand

(Past version on 30/06/1997).

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)