Hong Kong Regulations

BANKRUPTCY RULES - RULE 80

Application to annul bankruptcy order or to stay proceedings thereunder

(Past version on 01/04/1998).
(Past version on 30/06/1997).

(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)