Hong Kong Regulations

BANKRUPTCY RULES - RULE 47

Application to set aside statutory demand

(Past version on 30/06/1997).

(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)