Hong Kong Regulations

BANKRUPTCY RULES - RULE 49

Proof of service of statutory demand

(Past version on 30/06/1997).

(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)