BANKRUPTCY (FORMS) RULES - CHAPTER 6B BANKRUPTCY (FORMS) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 6, section 113) [1 January 1933] (G.N.A. 727 of 1932 Appendix Part I) BANKRUPTCY (FORMS) RULES - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Bankruptcy (Forms) Rules. BANKRUPTCY (FORMS) RULES - RULE 2 Use of forms in Schedule VerDate:30/06/1997 (1) Subject to the provisions of paragraph (2), the forms in the Schedule where applicable, and where they are not applicable forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the court otherwise directs. (2) The Chief Justice may from time to time amend any form in the Schedule or prescribe any new form. Where the Chief Justice amends any form or prescribes any new form, such amended or new form shall be published in the Gazette. [cf. R 5, English Bankruptcy Rules 1915 U.K.] ___________________________________________________________________________ ____ Notes: 1. Please see the transitional provisions contained in s. 3 of L.N. 81 of 1998, which section is reproduced as follows: "3. Transitional (1) Subject to subrule (2), where before these Rules come into operation- (a) a petition in bankruptcy has been presented; or (b) a receiving order or adjudication in bankruptcy has been made, under the Ordinance, then the principal Rules and Forms as they existed before being amended by these Rules shall continue to apply to proceedings in respect of such a petition, receiving order or adjudication in bankruptcy. (2) Forms 81 to 88 contained in Schedule 7 of these Rules shall apply to proceedings referred to in subrule (1).". 2. L.N. 81 of 1998 came into operation on 1 April 1998. BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE VerDate:10/12/2007 FORMS INDEX Form Accounts: Affidavit verifying trustee's account ........................................................... 146 Affidavit verifying trustee's trading account ................................................ 149 Affidavit verifying special manager's account ............................................. 151 Certificate by creditors' committee as to audit of trustee's account ............... 145 Profit and loss account ........................................................................... ... 148 Statement of accounts under section 88 ...................................................... 150 Trustee's trading account .......................................................................... 147 Action: Order restraining before bankruptcy order ................................................... 24 Advertisement: Of day for proceeding with public examination ............................................. 54 Of bankruptcy order, etc. ........................................................................... 27 Allocatur: For costs of debtor's petition ....................................................................... 144 Bankruptcy Order: Application to annul ........................................................................... ......... 79 Notice etc. (for local newspaper) ............................................................... 27 Order annulling ........................................................................... ............... 80 Order on creditor's petition ......................................................................... 26 Order on debtor's petition ........................................................................... 25 Bond on stay of proceedings: Affidavit of justification ........................................................................... ... 21 Form ........................................................................... .............................. 19 Notice of sureties ........................................................................... ............ 20 Book debts: Register of assignment of ........................................................................... 117 Committal: Affidavit in support of application for committal of bankrupt under section 26 or 55 ........................................................................... ............................ 96 Affidavit of non-compliance with order of court ........................................... 104 Affidavit of trustee under section 53(5) ....................................................... 97 Application by trustee for committal of bankrupt or other person ................... 94 Notice of application for committal under section 110 ................................... 98 Notice of application for committal under section 26 ..................................... 99 Notice of application for committal under section 53(5) ................................. 100 Order of committal under section 110 .......................................................... 101 Order of committal under section 26 ............................................................ 102 Order of committal under section 53(5) ....................................................... 103 Order for discharge from custody on contempt ............................................ 106 Order for production of person in prison for examination before the court ...... 107 Warrant of committal for contempt ............................................................. 105 Debt: Admission of debt ........................................................................... ........... 113 Order to pay debt ........................................................................... ............ 114 Deceased debtor: Petition by creditor (section 112) ................................................................ 134 Petition by legal personal representative (section 112) .................................. 135 Order for administration of estate on petition ................................................ 136 Directions: Application for by trustee ........................................................................... 131 Order on application by trustee ................................................................... 132 Discharge: Application by bankrupt under section 30A(7) of the Bankruptcy Ordinance for lifting a suspension of the running of the relevant period for discharge .... 85 Application for early discharge under section 30B(1) of the Bankruptcy Ordinance ........................................................................... .................... 84 Certificate of discharge ........................................................................... ... 88 Certificate that order suspending discharge has been lifted ............................ 87 Notice of intention to object to bankrupt's discharge under section 30A(4) of the Bankruptcy Ordinance ....................................................................... 82 Notice to creditors by trustee under section 30A(5) of the Bankruptcy Ordinance ........................................................................... ..................... 83 Order of suspension of discharge under section 30A(3) of the Bankruptcy Ordinance ........................................................................... .................... 81 Order of court lifting suspension of discharge ............................................... 86 Disclaimer: Notice of disclaimer without leave of court .................................................. 128 Notice of disclaimer with leave of court ....................................................... 129 Notice to landlord of intention to disclaim lease not sublet or mortgaged ......... 123 Notice of intention to disclaim lease sublet or mortgaged ............................... 124 Notice by landlord or other person requiring trustee to bring disclaimer before court ........................................................................... ............................ 130 Of lease after notice ........................................................................... ....... 126 Of lease with leave of court ........................................................................ 127 Without notice ........................................................................... ................ 125 Dividend: Application by creditor for order for trustee to pay and order thereon ............ 142 Notice to creditors of intention to declare ..................................................... 138 Notice to persons claiming to be creditors of intention to declare final dividend ........................................................................... ....................................... 139 Notice of dividend ........................................................................... ........... 141 Examination: Shorthand writer, appointment of ................................................................. 55 Shorthand writer, declaration by .................................................................. 56 Summons under section 29 ......................................................................... 112 Gazetting and publication in newspaper: Substituted service of petition ...................................................................... 15 Transfer from separate estate to joint estate ................................................ 154 Interim trustee: Application for order thereon ...................................................................... 13 Letters, etc.: Order for re-direction (section 28) ............................................................... 111 Meetings: General meeting: Affidavit of postage of notices .................................................................... 33 Certificate of postage of notices .................................................................. 34 List of creditors assembled at ..................................................................... 45 Memorandum of adjournment ..................................................................... 37 Memorandum of proceedings at adjourned general meeting: no quorum ......... 38 Notice to creditors of general meeting of creditors ....................................... 29 Notice to creditors of adjourned meeting ..................................................... 32 Notice to bankrupt to attend ........................................................................ 35 Other meetings: List of creditors assembled at ..................................................................... 45 Memorandum of adjournment ..................................................................... 37 Notice (general form) ........................................................................... ...... 40 Notice of, to appoint new trustee ................................................................. 44 Notice to creditors of adjourned meeting ...................................................... 32 Notice to creditors to remove trustee and to fill vacancy ............................... 43 Order of court for general meeting of creditors ............................................ 39 Petition: Adjournment of ........................................................................... ............... 22 Affidavit of justification ........................................................................... ... 21 Affidavit of service ........................................................................... ......... 14 Affidavit of truth of statements in petition .................................................... 11 Affidavit of truth of statements in joint petition ............................................. 12 Allocatur for costs of debtor's petition ......................................................... 144 Bond on stay of proceedings, security, etc. .................................................. 19 Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately ........................................................ 10 Creditor's bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date ................................................... 10A Creditor's bankruptcy petition where execution or other process on a judgment has been returned in whole or part ............................................................ 10B Bankruptcy petition for default in connection with voluntary arrangement ...... 10C Creditor's petition (section 112) ................................................................... 134 Criminal bankruptcy petition ........................................................................ 10D Debtor's bankruptcy petition ....................................................................... 3 Dismissal of ........................................................................... .................... 23 Legal personal representative's petition (section 112) .................................... 135 Notice by debtor of intention to oppose ........................................................ 17 Notice of sureties ........................................................................... ............ 20 Notice in newspaper of substituted service .................................................. 15 Order for substituted service ....................................................................... 16 Order to stay proceedings on ...................................................................... 18 Postage of notices: Affidavit of (general meeting) ..................................................................... 33 Certificate of (general meeting) .................................................................. 34 Production of documents: Order under section 30D(1) of the Bankruptcy Ordinance ............................ 157 Order under section 30D(3) of the Bankruptcy Ordinance ............................ 158 Application for order under section 30D(3) of the Bankruptcy Ordinance ...... 159 Application for order under section 30D(1) of the Bankruptcy Ordinance ...... 160 Proof: Affidavit of ........................................................................... ..................... 46B By trustee in prior bankruptcy ..................................................................... 47 Form of ........................................................................... .......................... 46A Form of, for debt of employees ................................................................... 48 Notice of rejection ........................................................................... .......... 49 Proxies: General ........................................................................... .......................... 50 Special ........................................................................... ........................... 51 Public examination: Application by Official Receiver or trustee for order fixing ........................... 52 Appointment of shorthand writer ................................................................. 55 Declaration by shorthand writer .................................................................. 56 Memorandum of ........................................................................... ............. 62 Notes of shorthand writer if appointed ......................................................... 57 Notes where shorthand writer not appointed ................................................ 58 Notice of day for proceeding with (local newspaper) .................................... 54 Order appointing time for ........................................................................... . 53 Order of adjournment ........................................................................... ...... 59 Order that examination concluded ............................................................... 63 Register: Of assignment of book debts ....................................................................... 117 Release: Application by trustee for ........................................................................... 153 Notice to creditors of intention to apply for .................................................. 152 Statement to accompany application for release ........................................... 137 Request: To deliver bill for taxation ........................................................................... 143 Salary or income: Notice of application for income payment order (section 43E) ....................... 118 Order for income claimed under section 43E(3)(a) of the Bankruptcy Ordinance.................................................................. .............................. 120 Order for income claimed under section 43E(3)(b) of the Bankruptcy Ordinance ........................................................................... .................... 121 Shorthand writer: Appointment of ........................................................................... ............... 55 Declaration by ........................................................................... ................ 56 Special manager: Affidavit by ........................................................................... .................... 151 Statement: Of affairs for a person who does not carry on business ................................ 28A Of affairs for a person who carries on business ........................................... 28B Statement of Affairs (debtor's petition) ........................................................ 28C Of accounts under section 88 ...................................................................... 150 To accompany application for release .......................................................... 137 Statutory Demand: Application to set aside a statutory demand .................................................. 155 Order setting aside a statutory demand ........................................................ 156 Affidavit in support of application to set aside statutory demand .................... 161 Statutory Demand-Debt for liquidated sum payable immediately following a judgment or order of the court .................................................................. 162 Statutory Demand-Debt for liquidated sum payable immediately .................... 163 Statutory Demand-Debt payable at future date ............................................ 164 Subpoena: Summons under section 29 ......................................................................... 112 Taxation: Allocatur for costs of debtor's petition ......................................................... 144 Request to deliver bill for ........................................................................... . 143 Title: General title ........................................................................... .................... 1 Voluntary Arrangement: Affidavit in support of application for interim order ....................................... 166 Application for interim order ....................................................................... 165 Alternative orders to be made at hearing to consider chairman's report .......... 67 Interim order of court under section 20 of the Bankruptcy Ordinance ............ 65 Interim order of court under section 20 of the Bankruptcy Ordinance- One-stage procedure ........................................................................... .... 168 Notice to intended nominee ......................................................................... 167 Order granting stay pending hearing of application for interim order ............... 64 Order extending effect of interim order ....................................................... 66 Proxy (individual voluntary arrangement) ..................................................... 169 Warrant: Against debtor about to quit Hong Kong, etc. ............................................... 110 Of committal for contempt .......................................................................... 105 Of seizure ........................................................................... ...................... 109 Order for production for examination of person apprehended under warrant under section 29 ........................................................................... ........... 116 Search warrant ........................................................................... ............... 108 To apprehended persons summoned under section 29 ................................... 115 (L.N. 81 of 1998; L.N. 125 of 2007) FORMS FORM 1 [rule 7] GENERAL TITLE In the Court of First Instance of Hong Kong. In Bankruptcy. No. of . Re [JAMES BROWN]. Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official Receiver, or the Trustee] (25 of 1998 s. 2) ___________________ FORM 2 (Repealed L.N. 81 of 1998) ___________________ FORM 3 [rule 50] DEBTOR'S BANKRUPTCY PETITION (Title.) (a) Insert full name(s), address(es), occupation, trade or profession and Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor. (b) Insert in full any other name(s) by which the debtor is or has been known. (c) Insert former address or addresses at which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business. (e) Insert any former trading name(s) (adding "with another or others", if this is so), business address(es) and nature of the business in respect of which the debtor may have incurred debts or liabilities still unpaid or unsatisfied. (f) Delete as applicable. I, (a) _________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ , [also known as (b) _________________________________________ ________________________________________________________ _______________________________________________________ ] [and lately residing at (c) _____________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] [and carrying on business as (d) ________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] [and lately carrying on business as (e) ____________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] request the court that a bankruptcy order be made against me and say as follows- 1. I am domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/have within 3 years immediately preceding the presentation of this petition (f) [resided at] [carried on business at] ______________________________________________________ within Hong Kong. 2. I am unable to pay my debts. 3. A statement of my affairs is filed with this petition. Dated this day of . Signature of witness. ______________________________ Complete only if petition not heard immediately. ENDORSEMENT This petition having been presented to the court on _______________ , it is ordered that the petition shall be heard as follows- Date ____________________________________________________ Time ______________________________ hours Place ____________________________________________________ Registrar. (L.N. 81 of 1998) ___________________ FORM 4-9 (Repealed L.N. 81 of 1998) ___________________ FORM 10 [rule 50] CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO COMPLY WITH A STATUTORY DEMAND FOR A LIQUIDATED SUM PAYABLE IMMEDIATELY (Title.) (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor. (If known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business. (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. (i) Insert date of service of a statutory demand. (j) State manner of service of the demand. (k) If 3 weeks have not elapsed since service of statutory demand give reasons for earlier presentation of petition. (l) Delete as applicable. (m) Insert name of debtor. I/We, (a) _____________________________________________ ________________________________________________________ ________________________________________________________ , petition the court that a bankruptcy order may be made against (b) _______ ________________________________________________________ ________________________________________________________ [also known as (c) __________________________________________ ________________________________________________________ _______________________________________________________ ] [and carrying on business as (d) ________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] [and lately residing at (e) _____________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] [and lately carrying on business as (f) ____________________________ ________________________________________________________ ________________________________________________________ _______________________________________________________ ] and say as follows- 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] _____________________________________________ ________________________________________________________ within Hong Kong. 2. The debtor is justly and truly indebted to me [us] in the aggregate sum of $(h) _____________ . 3. The above-mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it. 4. On (i) __________________ a statutory demand was served upon the debtor by (j) __________________ in respect of the above-mentioned debt. To the best of my/our knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding. (k) 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (l) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. or, I/We hold security for the payment of part of the above-mentioned sum and I/we estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. ENDORSEMENT This petition having been presented to the court on _______________ , it is ordered that the petition shall be heard as follows- Date ____________________________________________________ Time __________________________ hours Place ____________________________________________________ and you, the above-named (m) ___________________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. Registrar. (L.N. 81 of 1998) ___________________ FORM 10A [rule 50] CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO COMPLY WITH A STATUTORY DEMAND FOR A LIQUIDATED SUM PAYABLE AT A FUTURE DATE (Title.) (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor. (If known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business. (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. (i) Insert date or dates when the debt becomes payable. (j) Insert date of service of statutory demand. (k) State manner of service of the demand. (l) If 3 weeks have not elapsed since service of statutory demand give reasons for earlier presentation of petition. (m) Delete as applicable. (n) Insert name of debtor. I/We, (a) ____________________________________________ ______________________________________________________ ______________________________________________________ , petition the court that a bankruptcy order may be made against (b) _____ ______________________________________________________ ______________________________________________________ [also known as (c)_________________________________________ ______________________________________________________ ______________________________________________________ ] [and carrying on business as (d) _______________________________ ______________________________________________________ _______________________________________________________ _______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately residing at (e)____________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately carrying on business as (f) __________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] and say as follows- 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] _____________________________________ _________________________________________________________ within Hong Kong. 2. The debtor is justly and truly indebted to me [us] in the aggregate sum of $(h) ___________ . 3. The above-mentioned debt is for a liquidated sum payable on (i) __________________ and the debtor appears to have no reasonable prospect of being able to pay it. 4. On (j) ____________ a statutory demand was served upon the debtor by (k) _____________________________ in respect of the above-mentioned debt. To the best of my/our knowledge and belief the demand has neither been complied with nor set aside in accordance with the Rules and no application to set it aside is outstanding. (l) 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (m) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. or, I/We hold security for the payment of part of the above-mentioned sum and I/We estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. ENDORSEMENT This petition having been presented to the court on ______________ , it is ordered that the petition shall be heard as follows- Date __________________________________________________ Time __________________________ hours Place __________________________________________________ and you, the above-named (n) ________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. Registrar. (L.N. 81 of 1998) ___________________ FORM 10B [rule 50] CREDITOR'S BANKRUPTCY PETITION WHERE EXECUTION OR OTHER PROCESS ON A JUDGMENT HAS BEEN RETURNED IN WHOLE OR PART (Title.) (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor. (If known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business. (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. (h) Please give the amount of debt(s), what they relate to and when they were incurred. Please show separately the amount or rate of any interest or other charge not previously notified to the debtor and the reasons why you are claiming it. (i) Insert date on which judgment was obtained. (j) Insert date of execution. (k) Insert name of debtor. I/We, (a) ____________________________________________ ______________________________________________________ , petition the court that a bankruptcy order may be made against (b) _____ ______________________________________________________ ______________________________________________________ [also known as (c)_________________________________________ ______________________________________________________ ______________________________________________________ ] [and carrying on business as (d) _______________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately residing at (e) ____________________________________ _______________________________________________________ ______________________________________________________ _______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately carrying on business as (f) __________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] and say as follows- 1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on the date of presentation of this petition/has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] _____________________________________ _______________________________________________________ within Hong Kong. 2. The debtor is justly and truly indebted to me[us] in the aggregate sum of $(h) __________ . 3. The above mentioned debt is for a liquidated sum payable immediately and the debtor appears to be unable to pay it. 4. On (i) _________________________ judgment was obtained in ___________________ Court on an action the short title and reference to the record whereof is Number __________ in the sum of $ __________ following which execution was issued in the ___________ court in respect of the debt and on (j) _____________________ the bailiff [made a return] [endorsed upon the writ a statement] to the effect that the execution was unsatisfied (g) [as to the whole] [as to part] and the above-mentioned debt represents the amount by which the execution was returned unsatisfied. 5. I/We do not, nor does any person on my/our behalf, hold any security on the debtor's estate, or any part thereof, for the payment of the above-mentioned sum. or, I/We hold security for the payment of (g) [part of] the above-mentioned sum. I/We will give up such security for the benefit of all the creditors in the event of a bankruptcy order being made. or, I/We hold security for the payment of part of the above-mentioned sum and I/We estimate the value of such security to be $ . This petition is not made in respect of the secured part of my/our debt. ENDORSEMENT This petition having been presented to the court on .______________ , it is ordered that the petition shall be heard as follows- Date __________________________________________________ Time ___________________________ hours Place _________________________________________________ and you, the above-named (k) ________________ are to take notice that if you intend to show cause against the petition you must file with the Official Receiver a notice showing the grounds upon which you intend to show cause, and post a copy of the notice to the petitioner or his solicitor, in each case 3 days before the day on which the petition is to be heard. Registrar. (L.N. 81 of 1998) ___________________ FORM 10C [rule 50] BANKRUPTCY PETITION FOR DEFAUT IN CONNECTION WITH VOLUNTARY ARRANGEMENT (Title.) (a) Insert full name(s) and address(es) of petitioner(s). (b) Insert full name, place of residence, occupation (if any), Hong Kong Identity Card No. (if any) or number and issuing country of any passport of debtor (If known). (c) Insert in full any other name(s) by which the debtor is or has been known. (d) Insert trading name (adding "with another or others", if this is so), business address and nature of business. (e) Insert any other address or addresses at which the debtor has resided at or after the time the petition debt was incurred. (f) Give the same details as specified in note (d) above for any other businesses which have been carried on at or after the time the petition debt was incurred. (g) Delete as applicable. (h) Insert date the debtor entered into voluntary arrangement. (i) Insert name of nominee. (j) Give details of the default in connection with the voluntary arrangement, being the grounds under section 20L of the Bankruptcy Ordinance (Chapter 6) upon which the bankruptcy order is sought. I/We, (a) ____________________________________________ ______________________________________________________ ______________________________________________________ , petition the court that a bankruptcy order may be made against (b) _____ ______________________________________________________ ______________________________________________________ [also known as (c) ________________________________________ ______________________________________________________ ______________________________________________________ ] [and carrying on business as (d) _______________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately residing at (e) ____________________________________ ______________________________________________________ _______________________________________________________ ______________________________________________________ ______________________________________________________ ] [and lately carrying on business as (f) __________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ] and say- 1. That the debtor has within 3 years immediately preceding the presentation of this petition (g) [resided at] [carried on business at] ______ _______________________________________________________ within Hong Kong. 2. On (h) ______________ a voluntary arrangement proposed by the debtor was approved by his creditors and I am (g) [a person who is for the time being bound by the said voluntary arrangement and (i) _________ is the nominee] [(i) __________________ the nominee of the said voluntary arrangement]. 3. (j) Dated this day of . Signature of witness. _______________________ ENDORSEMENT This petition having been presented to the court on ____________ , it is ordered that the petition shall be heard as follows- Date __________________________________________________ Time ___________________________ hours Place __________________________________________________ Registrar. (L.N. 81 of 1998) ___________________ FORM 10D [section 9; rule 56] CRIMINAL BANKRUPTCY PETITION In the Court of First Instance. In Bankruptcy. (Title.) (a) Insert name and Hong Kong Identity Card No. or number and issuing country of any passport of debtor. b) Insert present address and description of debtor. (c) Insert address or addresses at which the debtor has lately resided or carried on business. *Where it is the Official Petitioner who is the petitioner, this attestation is not required. I, the Official Petitioner [or, I C.D., of ] [or, We, C.D., of and E.F., of ], hereby petition the court that a bankruptcy order may be made in respect of the estate of A.B.(a) of (b) and lately residing at [or carrying on business at (c) ] and say- 1. That a criminal bankruptcy order was made against the said A.B. in the Court on the day of , and that an office copy of the said order is annexed to this petition. 2. That the said order remains in force. or, That the said order was amended by the Court of Appeal on the day of ; that an office copy of the order of the Court of Appeal is annexed to this petition; and that the said order as amended by the Court of Appeal remains in force. 3. That according to the said criminal bankruptcy order the said A.B. is indebted to [insert the names of the persons specified in the order as having suffered loss or damage] in the aggregate sum of $ [set out the amount of the loss or damage suffered as specified in the criminal bankruptcy order]. Date this day of . (Signed) Official Petitioner C.D. E.F. (as the case may be). [Signed by the petitioner* in my presence.] Signature of witness. Address. Description. __________________________________________________________ NOTE.-If there be more than one petitioner, and they do not sign together, the signature of each must be separately attested, e.g., "Signed be the petitioner E.F. in my presence". If the petition is signed by a firm, the partner signing should add also his own signature, e.g., "A.S. & Co. by J.S., a partner in the said firm." ___________________ ENDORSEMENT This petition having been presented to the court on the day of , it is ordered that this petition shall be heard at on the day of , at o'clock in the noon. And you, the said A.B., are to take notice that if you intend to show cause against the petition you must file with the Registrar of this Court a notice specifying the statements which you intend to deny or dispute, and send by post a copy of the notice to the petitioner and his solicitor, if known, not later than 3 days before the day fixed for the hearing. (L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2) ___________________ FORM 11 [section 9; rule 56] AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION (Title.) I, the petitioner named in the petition hereunto annexed make oath and say- That the several statements in the said petition are within my own knowledge true. Sworn at, etc. (Signature) ___________________________________________________________________ NOTE-If the petitioner cannot depose that the truth of all the several statements in the petition is within his own knowledge he must set forth the statements the truth of which he can depose to and file a further affidavit by some person or persons who can depose to the truth of the remaining statements. ___________________ FORM 12 [section 9; rule 56] AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION (Title.) We, C.D., E.F., G.H., etc., the petitioners named in the petition hereunto annexed, severally make oath and say- And first I the said C.D. for myself say- 1. That A.B. is justly and truly indebted to me in the sum of $ as stated in the said before-mentioned petition. 2. That A.B. has within 3 years before the date of the presentation of the petition ordinarily resided [or carried on business] at And I the said E.F. for myself say- 3. That A.B. is justly and truly indebted to me in the sum of $ as stated in the said before-mentioned petition. And I the said G.H. for myself say- 4. That A.B., is, etc. C.D. E.F. G.H. Sworn by the deponents C.D., E.F., and G.H., etc. (See note to last form.) (L.N. 81 of 1998) ___________________ FORM 13 [section 13; rule 61] APPLICATION FOR INTERIM TRUSTEE (Title.) I, C.D., of, , do, on the grounds set forth in the annexed affidavit, apply to the court to appoint the Official Receiver as interim trustee of the property of the said A.B., and [here insert any special directions to the interim trustee that may be desired]. Dated this day of . (Signed) C.D. _____________________ ORDER THEREON Upon reading this application and the affidavit therein referred to, and hearing it is ordered that upon a deposit of $100 being lodged by the applicant the Official Receiver be thereupon constituted interim trustee of the property of the said A.B., [here insert nature, short description and locality of the property, and special directions, if any]. Dated this day of . Registrar. (G.N.A. 124 of 1955; L.N. 125 of 2007) ___________________ FORM 14 [rule 59] AFFIDAVIT OF SERVICE OF PETITION (Title.) In the matter of a petition dated I, L.M., of , make oath and say- 1. That I did, on day the day of , serve the above-mentioned A.B. [or the partners in the above-mentioned firm of ] with a copy of the above-mentioned petition, duly sealed with the seal of the court, by delivering the same personally to the said A.B. [or C.D., a partner, or E.F., a person having at the time of service the control and management of the partnership business there or of the business carried on under the above-mentioned name or style] at* [place] before the hour of in the noon. 2. A sealed copy of the said petition is hereunto annexed. Sworn at, etc. L.M. ___________________________________________________________________ *NOTE-If the service is effected on a person having at the time of service the control and management of the partnership business, the affidavit must, after the description of the place of service, contain the words "being the principal place of business of the said " ___________________ FORM 15 [rule 48] SUBSTITUTED SERVICE OF PETITION NOTICE IN NEWSPAPER (Title.) (a) Add this in case of petition. In the matter of a bankruptcy petition filed the day of . Take notice that a bankruptcy petition has been presented against you by of and the court has ordered that the sending of a sealed copy of the petition together with a sealed copy of the order for substituted service by registered post addressed to and/or the publication of this notice in the newspapers shall be deemed to be service of the petition upon you; (a) and further take notice that the said petition will be heard at the court on the day of at o'clock in the noon, on which day you are required to appear, and if you do not appear the court may make a bankruptcy order against you in your absence. The petition may be inspected by you on application at the court. Dated this day of . Registrar. To A.B. (L.N. 81 of 1998) ___________________ FORM 16 [rule 48] ORDER FOR SUBSTITUTED SERVICE OF A PETITION (Title.) In the matter of a bankruptcy petition filed the day of . Upon the application of and upon reading the affidavit of of in the of . It is ordered that the sending of a sealed copy of the above-mentioned petition together with a sealed copy of this order by registered post addressed to at and/or by publication in the newspapers of the presentation of such petition and the time and place fixed for hearing the petition shall be deemed to be good and sufficient service of the said petition on the said on the day of completing such posting or publication as aforesaid. Dated this day of . Registrar. (L.N. 81 of 1998) ___________________ FORM 17 [rule 68] NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION (Title.) In the matter of a bankruptcy petition presented against me on the day of , by C.D. of [or and E.F. of , G.H. of , etc.] I, the above A.B., do hereby give you notice that I intend to show cause against the petition and that I intend to dispute the petitioning creditor's debt [or to contend that , or as the case may be.] Dated this day of . To the Official Receiver, and to C.D. [petitioning creditor]. (L.N. 81 of 1998) ___________________ FORM 18 [rule 80] ORDER TO STAY PROCEEDINGS ON PETITION (Title.) In the matter of a bankruptcy petition against A.B. of . Upon the hearing of this petition this day, and the said A.B. appearing and denying that he is indebted to the petitioner [where petition presented by more than one creditor, add the name of the creditor whose debt is denied] in the sum stated in the petition [or alleging that he is indebted o the petitioner in a sum of a less amount than $10000, or alleging that he is indebted to C.D., one of the petitioners, in a sum less than the sum stated to be due from him in the petition] it is ordered that the said A.B. shall within days enter into a bond in the penal sum of [ the amount of the alleged debt and probable costs, or such other sum as the court may direct] with such 2 sufficient sureties as the court shall approve to pay [or deposit with the Official Receiver the sum of as security for the payment of] such sum or sums as shall be recovered against the said A.B. by C.D. the petitioner [or one of the petitioners] in any proceeding taken or continued by him against the said A.B., together with such costs as shall be given by the court. And it is further ordered that, upon the said A.B. entering into the bond aforesaid, all proceedings on this petition shall be stayed until after the court shall have come to a decision on the proceedings. Dated this day of . Registrar. (G.N.A. 124 of 1955; L.N. 81 of 1998) ___________________ FORM 19 [rules 13, 80] BOND ON STAY OF PROCEEDINGS, SECURITY, ETC. (Title.) Know all men by these presents, that we, A.B. of etc. and C.D. of etc. and E.F. of etc. are jointly and severally held and firmly bound to L.M. of etc. in dollars to be paid to the said L.M., or his certain attorney, executors, administrators or assigns, for which payment to be made we bind ourselves and each and every of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this day of and . Whereas a bankruptcy petition against the said A.B. having been presented to the court he did appear at the hearing of the said petition and deny that he was indebted to the petitioner [or to one or more of the petitioners], [or allege that he was indebted to the petitioner in the sum of dollars only or as the case may be]. Now, therefore, the condition of this obligation is such that if the above-bounden A.B., or the said C.D. or E.F., shall on demand well and truly pay or cause to be paid to L.M., his attorney or agent, such sum or sums as shall be recovered against the said A.B. by any proceedings taken or continued within 21 days from the date hereof in any competent court by the said L.M. for the payment of the debt claimed by him in the said petition, together with such costs as shall be given to the said L.M. by such court [or whatever the condition of the bond is] this obligation shall be void, otherwise it shall remain in full force. A.B. (L.S.) C.D. (L.S.) E.F. (L.S.) Signed, sealed and delivered by the above-bounden in the presence of ___________________________________________________________________________ NOTE - If a deposit of money be made the memorandum should follow the terms of the conditions of the bond. This form may be adapted to other cases. (L.N. 125 of 2007) ___________________ FORM 20 [rule 18] NOTICE OF SURETIES (Title.) In the matter of a bankruptcy petition of Take notice that the sureties whom I propose as my security in the above matter [here state the proceeding which has rendered the sureties necessary] are [here state the full names and descriptions of the sureties and their residences for the last 6 months, therein mentioning the district or city, places, streets and numbers, if any]. Dated this day of . (Signature) To the Registrar and to L.M. of (L.N. 81 of 1998) ___________________ FORM 21 [rule 19] AFFIDAVIT OF JUSTIFICATION (Title.) In the matter of a bankruptcy petition against A.B. of . I, E.F., of , one of the sureties for make oath and say- 1. That I am a householder [or as the case may be], residing [describing particularly the street or place and the number of the house, if any]. 2. That I am worth property to the amount of $ [the amount required] over and above what will pay my just debts [if security in any other action or for any other purpose, add and every other sum for which I am now security]. 3. That I am not bail or security in any other matter, action or proceedings, or for any other person [or if security in any other action or actions, add except for C.D., at the suit of E.F., in the Court of First Instance in the sum of $ ; for G.H., at the suit of I.K., in the Court of First Instance in the sum of $ specifying the several actions or matters, and courts, and the sums in which he has become bound). 4. That my property, to the amount of the said sum of $ [and if security in any other action, etc. over and above all other sums for which I am now security as aforesaid], consists of [here specify the nature and value of the property in respect of which the deponent proposes to become bondsman as follows, stock in trade, in my business of carried on by me at of the value of $ of good book debts owing to me to the amount of $ , of furniture in my house at of the value of $ , of leasehold property of the value of $ , situate at ., or of other property, particularizing each description of property, with the value thereof]. 5. That I have for the last 6 months resided at [describing the place of such residence, or if he has had more than one residence during that period, state in the same manner as above directed]. Sworn at, etc. E.F. (G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2) ___________________ FORM 22 ADJOURNMENT OF PETITION (Title.) Upon the hearing of the petition this day, and hearing for the petitioner and for the debtor and the Official Receiver, and reading it is ordered that the further hearing of this petition be adjourned until the day of , at o'clock in the noon. Dated this day of . Registrar. ___________________ FORM 23 DISMISSAL OF PETITION (Title.) In the matter of a bankruptcy petition filed the [date]. Upon the hearing of this petition this day, and upon reading and hearing and the Official Receiver it is ordered that this petition be dismissed [and that the petitioner do pay to the said A.B. the taxed costs thereof]. Dated this day of . Registrar. ___________________ FORM 24 ORDER RESTRAINING ACTION, ETC. BEFORE BANKRUPTCY ORDER (Title.) Upon the application of and upon reading it is ordered that L.M. of shall be restrained from taking any further proceedings in the action brought by him [or upon the judgment recovered or obtained by him] against the said A.B. in [here state the number of the action] [or it is ordered that the proceedings in the action (or suit) brought by him against the said A.B. in (here state the number of the action) may be proceeded with on (here insert the terms fixed by the court)]. Dated this day of . Registrar. (L.N. 81 of 1998) ___________________ FORM 25 [section 12; rule 72A(3)] BANKRUPTCY ORDER ON DEBTOR'S PETITION (Title.) On the petition of the debtor himself, filed the day of , , a bankruptcy order is hereby made against A.B. [insert name, addresses and descriptions of debtor as set out in petition], and the Official Receiver hereby becomes the provisional trustee of the estate of the said debtor. Dated this day of . Registrar. ___________________________________________________________________________ NOTE - The above-named debtor is required after the service of this order upon him to attend the trustee at such time and place as the trustee may specify. ______________________ ENDORSEMENT ON ORDER The name and address of the solicitor (if any) to the debtor are [insert name and address]. (L.N. 46 of 1964; L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 26 [sections 12, 72A(3); rules 69, 75] BANKRUPTCY ORDER ON CREDITOR'S PETITION (Title.) On the petition dated the day of of J.S., of and a creditor, filed the [insert date], and on reading and hearing It is ordered that A.B. [insert name, addresses and descriptions of debtor as set out in petition] be adjudged bankrupt and the Official Receiver hereby becomes the provisional trustee of the estate of the said debtor. Dated this day of . Registrar. ___________________________________________________________________________ NOTE.-The above-named debtor is required, after the service of this order upon him, to attend the trustee at such time and place as the trustee may specify. ___________________ ENDORSEMENT ON ORDER The name and address of the solicitor to the petitioning creditor are [insert name and address]. (G.N.A. 124 of 1955; L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 27 [section 78(1)(f); rule 78] NOTICE OF BANKRUPTCY ORDER, ETC. (for local newspaper) (Title.) Bankruptcy order made ........................................................................... ......................... Note. -All debts due to the estate should be paid to the trustee. Official Receiver. Dated this day of . (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 28 (Repealed L.N. 22 of 1995) ___________________ FORM 28A Page 1 IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY NO. of . (a) Insert full name, Hong Kong Identity Card No. and Occupation (b) Insert full address. (a) Insert full name, Hong Kong Identity Card No. and Occupation (b) Insert full address Name: _______________________________________ STATEMENT OF AFFAIRS (Individual, i.e. non-trading) Please show your financial position as at the date of the Bankruptcy Order by completing all the pages of this form and the attached lists, A, B and C as are applicable, which will then be your Statement of Affairs. You are also required to specify in the relevant list whether or not there is a dispute about any amount due to or by you and, if so, to supply details in a separate sheet which should be signed and attached as part of your Statement of Affairs. ___________________________________________________________ AFFIDAVIT OR AFFIRMATION (you need to complete either the affidavit at (i) below or the affirmation at (ii) overleaf, but not both.) (i) Affidavit This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form I (a) _______________________________________________________ ___________________________________________________________ of (b) ______________________________________________________ ___________________________________________________________ Make oath and say that the attached lists exhibited hereto and marked _______ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at ______________________________ the date of the Bankruptcy Order made against me. Sworn at ____________________ Date _______________________ Signature __________________ Before me ____________________ ___________________________________________________________ A Solicitor or Commissioner of Oaths or Duly authorised officer Before swearing the affidavit the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit in any of the above respects will mean that it is refused by the court, and will need to be re-sworn. (Please see overleaf for the Affirmation) Page 2 (ii) Affirmation This Affirmation must be made before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form I (a) _______________________________________________________ ___________________________________________________________ of (b) ______________________________________________________ ___________________________________________________________ Solemnly and sincerely affirm that the attached lists exhibited hereto and marked ___________________ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at __________________ the date of the Bankruptcy Order made against me. Affirmed at ___________________ Date ________________________ Signature __________________ Before me ____________________ ___________________________________________________________ A Solicitor or Commissioner of Oaths or Duly authorised officer Before making the affirmation the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affirmation in any of the above respects will mean that it is refused by the court, and will need to be re-affirmed. SUMMARY OF STATEMENT OF AFFAIRS List Reference Particulars Amount $ ASSETS A (1) Various assets B (2) Excess value of assets pledged as security to creditors fully secured (3) Total Assets, i.e. total of items (1) and (2) above LIABILITIES B (4) Secured creditors (net of security)-i.e. after deducting the amount of the security C (5) Unsecured creditors (6) Total Liabilities, i.e. total of items (4) and (5) above (7) Surplus/(Deficiency), i.e. total assets in item (3) less total liabilities as in item (6) $ _________ Signature _________________________ Date _____________________ LIST A VARIOUS ASSETS Please detail all your assets which may be of value (if necessary, use the space in section (j) below to provide details in respect of any of the items at (a) to (i) below; and/or attach additional sheet(s) if the space in section (j) is not adequate; and complete item (k) below). Estimated to produce $ (a) Cash at bank ______________________________________ (specify the name of the bank(s) and all account numbers) _______________ (b) Land and buildings ____________________ Cost $ ________ (location and address) _______________ (c) Household furniture and belongings ______________________ (d) Life assurance policies _______________________________ (policy number(s) and insurance companies) _______________ _______________ (e) Money owed to you _________________________________ (please provide name and address of debtor and nature of debt) _______________ (f) Investments in stocks and shares _____________ Cost $ ____ (please provide details) _______________ (g) Motor vehicles ________________________ Cost $ _______ (please provide details) _______________ (h) Sums due to you from the estate of a deceased person _______ (please provide details) _______________ (i) Any other assets ____________________________________ _______________ (j) Supplementary Information (specify here also, if applicable, the particulars of any property held by or in the name of *husband/*wife/*concubine) or under any alias or in a t'ong name or in trust for you) ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ _______________ ________________________________________________ Show the total under "Assets", item (1) in the Summary of Statement of Affairs $ (k) *_________ additional sheets are attached/No additional sheets (specify no.) are attached.* Signature ______________________ Date ______________________ (*delete the inapplicable words) LIST B SECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS Yes No Does any creditor of yours hold or claim any item(s) of your property? □ □ If 'YES' give details below: _________________________________________︳ ｜ ｜ (i) No. (ii) Name of creditor or claimant (iii) Address (iv) Amount owed to creditor (v) Specify the asset being held or claimed or pledged as security (vi) Date when security given (vii) Estimated when of the asset in column (v) $ (viii) Estimated excess i.e. (vii) less (iv) $ (ix) Net indebted-ness i.e. (iv) ;less (vii) $ 1. ............... ............. ............ ................ ............ ............... .............. .............. 2. ............... ............. ............ ................ ............ ............... .............. .............. 3. ............... ............. ............ ................ ............ ............... .............. .............. 4. ............... ............. ............ ................ ............ ............... .............. .............. 5. ............... ............. ............ ................ ............ ............... .............. .............. 6. ............... ............. ............ ................ ............ ............... .............. .............. 7. ............... ............. ............ ................ ............ ............... .............. .............. 8. ............... ............. ............ ................ ............ ............... .............. .............. 9. ............... ............. ............ ................ ............ ............... .............. .............. 10. ............... ............. ............ ................ ............ ............... .............. .............. 11. ............... ............. ............ ................ ............ ............... .............. .............. 12. ............... ............. ............ ................ ............ ............... .............. .............. 13. ............... ............. ............ ................ ............ ............... .............. .............. 14. ............... ............. ............ ................ ............ ............... .............. .............. 15. ............... ............. ............ ................ ............ ............... .............. .............. Show the total of column (viii) under "Assets", item (2) in the Summary of Statement of Affairs $ $ Show the total of column (ix) under "Liabilities", item (4) in the Summary of Statement of Affairs $ Signature _______________________ Date __________________ LIST C UNSECURED CREDITORS (i) No. (ii) Name of creditor or claimant (iii) Address (iv) Amount the creditor claims you owe him/her $ (v) Amount you consider as owed to the creditor $ 1. .............................. .................................... ........................... ...................... 2. .............................. .................................... ........................... ...................... 3. .............................. .................................... ........................... ...................... 4. .............................. .................................... ........................... ...................... 5. .............................. .................................... ........................... ...................... 6. .............................. .................................... ........................... ...................... 7. .............................. .................................... ........................... ...................... 8. .............................. .................................... ........................... ...................... 9. .............................. .................................... ........................... ...................... 10. .............................. .................................... ........................... ...................... 11. .............................. .................................... ........................... ...................... 12. .............................. .................................... ........................... ...................... 13. .............................. .................................... ........................... ...................... 14. .............................. .................................... ........................... ...................... 15. .............................. .................................... ........................... ...................... Show the total of column (v) under "Liabilities", item (5) in the Summary of Statement of Affairs Signature _______________________ Date _____________________ (L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 28B Page 1 IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY No. of . Full Name :__________________________ Hong Kong Identity Card No. :__________________________ Trading as :__________________________ STATEMENT OF AFFAIRS Please complete this Statement of Affairs and such of the attached lists A, B, C, D and E as are applicable in order to show the state of your affairs on the day on which the Bankruptcy Order was made against you, viz., the __________ day of ___________________ .You are also required to specify in the relevant list whether or not there is a dispute about any amount due to or by you and, if so, to supply details in a separate schedule which should be signed and attached as part of your Statement of Affairs. Such completed schedules will constitute your Statement of Affairs, and must be verified by oath, declaration or affirmation (please see note below). List Reference Particulars Amount $ ASSETS A (1) Various assets B (2) Debts receivable C (3) Excess value of assets pledged as security to creditors fully secured (4) Total Assets, i.e. total of items (1) to (3) above LIABILITIES D (5) Claims and amounts due to employees and Government departments C (6) Secured creditors (net of security)-i.e. after deducting the amount of the security E (7) Unsecured creditors and other liabilities (including contingent liabilities) (8) Total Liabilities, i.e. total of items (5) to (7) above (9) Surplus/(Deficiency), i.e. total assets as in item (4) less total liabilities as in item (8) above $ ___________ Continued Overleaf/.... Page 2 AFFIDAVIT OR AFFIRMATION-(The format is set out below and you need to complete either the affidavit at (i) or the affirmation at (ii), but not both.) Before swearing the affidavit or making the affirmation, the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the Deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit/affirmation in any of the above respects will mean that it is refused by the court, and will need to be re-sworn. (a) Insert full name, Hong Kong Identity Card No. and Occupation (b) Insert full address (i) Affidavit This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form I (a) ___________________________________________________ ______________________________________________________ of (b) __________________________________________________ ______________________________________________________ Make oath and say that the foregoing Statement and attached lists exhibited hereto and marked _____________ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at ____________ the date of the Bankruptcy Order made against me. Sworn at _________________. Date ____________________ Signature __________________ Before me ________________ (a) Insert full name, Hong Kong Identity Card No. and Occupation (b) Insert full address (ii) Affirmation This Affirmation must be made before a Solicitor or Commissioner of Oaths or an officer of the court duly authorised to administer oaths when you have completed the rest of this form I (a) ___________________________________________________ ______________________________________________________ of (b) __________________________________________________ ______________________________________________________ Solemnly and sincerely affirm that the foregoing Statement and attached lists exhibited hereto and marked _________________ are to the best of my knowledge and belief a full, true and complete statement of my affairs as at _________________ the date of the Bankruptcy Order made against me. Affirmed at ._______________ Date _____________________ Signature __________________ Before me _________________ LIST A VARIOUS ASSETS Full particulars of every description of assets not included in any other lists should be specified in this list. If the space allotted to items (a) to (j) below is not adequate, please provide the requisite information by attaching additional schedule(s) and completing item (l) below. Particulars Estimated to produce $ (a) Cash at bank (Please specify the name(s) of the bank(s) and all account numbers) _______________________________ _______________________________ _______________________________ _______________________________ _______________ _______________ _______________ _______________ (b) Cash in hand _______________________________ _______________ (c) Cash deposit held by solicitor or any other person _______________________________ (name of solicitor or person) _______________ (d) Land and buildings your name or in the name of your *husband/*wife/ *concubine (Location and address) _______________ Cost $ .__________ _______________________________ _______________________________ _______________________________ _______________________________ _______________ _______________ _______________ _______________ _______________ (e) Stock in trade _______________ Cost $ __________ _______________ (f) Plant and machinery _______________ Cost $ __________ _______________ (g) Life assurance policies _______________________________ (policy number and insurance company) _______________ (h) Investment in stocks and shares, etc. ________________ Cost $ _________ (Please provide details) _______________ (i) Amount due to you from the estate of a deceased person _______________________________ (Please provide details) _______________ (j) Any other assets _______________________________ _______________________________ _______________ _______________ (k) Total (show the total under "Assets" on page 1 of the Statement of Affairs) $ (l) *________ additional schedule(s) are attached/No additional schedule(s) are attached.* (specify no.) Dated this day of . (Signature) (*delete the inapplicable words) LIST B DEBTS RECEIVABLE (i) No. (ii) Name of debtor (iii) Address (iv) Amount of debt $ (v) Date when contracted (vi) Estimated to produce $ (vii) Folio of ledger or other book where particulars are to be found (viii) Nature of debt and particulars of any securities held for debt 1. ............. ............... ............. ................. ............... ...................... ....................... 2. ............. ............... ............. ................. ............... ...................... ....................... 3. ............. ............... ............. ................. ............... ...................... ....................... 4. ............. ............... ............. ................. ............... ...................... ....................... 5. ............. ............... ............. ................. ............... ...................... ....................... 6. ............. ............... ............. ................. ............... ...................... ....................... 7. ............. ............... ............. ................. ............... ...................... ....................... 8. ............. ............... ............. ................. ............... ...................... ....................... 9. ............. ............... ............. ................. ............... ...................... ....................... 10. ............. ............... ............. ................. ............... ...................... ....................... 11. ............. ............... ............. ................. ............... ...................... ....................... 12. ............. ............... ............. ................. ............... ...................... ....................... 13. ............. ............... ............. ................. ............... ...................... ....................... 14. ............. ............... ............. ................. ............... ...................... ....................... 15. ............. ............... ............. ................. ............... ...................... ....................... Totals (show the total of column (vi) under "Assets" on page 1 of the Statement of Affairs) Dated this day of . (Signature) Notes: (1) If you are also indebted to any of the above-mentioned debtor(s), please specify in column (iii) both the amount of your debt due to the debtor and the amount due from the debtor. The net amount due to you by the debtor should be inserted in columns (iv) and (vi). If, however, the amount owed by you to the "debtor" is greater than the amount that the debtor owes you, do not insert any amount in this list but use List E for the purpose. (2) To substantiate the amount of debt, copies of the relevant source documents should be attached. LIST C SECURED CREDITORS (either fully or partly secured) /EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS (i) No. (ii) Name of creditor or claimant (iii) Address (iv) Amount owed to creditor $ (v) Date when contracted (vi) Particulars of the asset being held or claimed or pledge as security (vii) Date when security given (viii) Estimated value of the asset in column (vi) $ (ix) Estimated excess i.e. (viii) less (iv) $ (x) Net indebtedness i.e. (iv) less (viii) $ 1. .......... ............ .......... .............. ................. ............ ............. ............. ............... 2. .......... ............ .......... .............. ................. ............ ............. ............. ............... 3. .......... ............ .......... .............. ................. ............ ............. ............. ............... 4. .......... ............ .......... .............. ................. ............ ............. ............. ............... 5. .......... ............ .......... .............. ................. ............ ............. ............. ............... 6. .......... ............ .......... .............. ................. ............ ............. ............. ............... 7. .......... ............ .......... .............. ................. ............ ............. ............. ............... 8. .......... ............ .......... .............. ................. ............ ............. ............. ............... 9. .......... ............ .......... .............. ................. ............ ............. ............. ............... 10. .......... ............ .......... .............. ................. ............ ............. ............. ............... 11. .......... ............ .......... .............. ................. ............ ............. ............. ............... 12. .......... ............ .......... .............. ................ ............ ............. ............. ............... 13. .......... ............ .......... .............. ................. ............ ............. ............. ............... 14. .......... ............ .......... .............. ................. ............ ............. ............. ............... 15. .......... ............ .......... .............. ................. ............ ............. ............. ............... Total amount owed to creditors, i.e. total of column (iv) Total value of security, i.e. total of column (viii) Show the total of column (ix) under "Assets" on page 1 of the Statement of Affairs Show the total of column (x) under "Liabilities" on page 1 of the Statement of Affairs Dated this day of . (Signature) Note: If the amount due to the fully-secured creditor (as stated in column (iv) above) is the same as the estimated value of security (as stated in column (viii) above), please specify a "Nil" amount in columns (ix) and (x). If any estimated surplus from security as reflected in column (ix) above is further pledged to any other creditor as partial security, that surplus should be deleted from column (ix) and shown in column (viii) for that other creditor instead. Such surplus should then be deducted from the relevant amount due to that other creditor before extending the amount to either column (ix) or (x), whichever is appropriate. LIST D CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS (e.g. Wages, Rates, Taxes, etc.) (i) No. (ii) Name of creditor or claimant (iii) Address (iv) Name of claim (v) Period during which claim accrued (vi) Due date for payment (vii) Amount of claim $ 1. ................. ................... ...................... ...................... ................... .................. 2. ................. ................... ...................... ...................... ................... .................. 3. ................. ................... ...................... ...................... ................... .................. 4. ................. ................... ...................... ...................... ................... .................. 5. ................. ................... ...................... ...................... ................... .................. 6. ................. ................... ...................... ...................... ................... .................. 7. ................. ................... ...................... ...................... ................... .................. 8. ................. ................... ...................... ...................... ................... .................. 9. ................. ................... ...................... ...................... ................... .................. 10. ................. ................... ...................... ...................... ................... .................. 11. ................. ................... ...................... ...................... ................... .................. 12. ................. ................... ...................... ...................... ................... .................. 13. ................. ................... ...................... ...................... ................... .................. 14. ................. ................... ...................... ...................... ................... .................. 15. ................. ................... ...................... ...................... ................... .................. Show the total of column (vii) under "Liabilities" on page 1 of the Statement of Affairs $ Dated this day of . (Signature) LIST E UNSECURED CREDITORS AND OTHER LIABILITIES (INCLUDING CONTINGENT LIABILITIES) (i) No. (ii) Name of creditor or claimant (iii) Address (iv) Amount $ (v) Date when contracted (vi) Consideration and the nature of liability 1. ........................... ...................... ................ ......................... ............................... 2. ........................... ...................... ................ ......................... ............................... 3. ........................... ...................... ................ ......................... ............................... 4. ........................... ...................... ................ ......................... ............................... 5. ........................... ...................... ................ ......................... ............................... 6. ........................... ...................... ................ ......................... ............................... 7. ........................... ...................... ................ ......................... ............................... 8. ........................... ...................... ................ ......................... ............................... 9. ........................... ...................... ................ ......................... ............................... 10. ........................... ...................... ................ ......................... ............................... 11. ........................... ...................... ................ ......................... ............................... 12. ........................... ...................... ................ ......................... ............................... 13. ........................... ...................... ................ ......................... ............................... 14. ........................... ...................... ................ ......................... ............................... 15. ........................... ...................... ................ ......................... ............................... Show the total of column (iv) under "Liabilities" on page 1 of the Statement of Affairs $ Dated this day of . (Signature) Notes: (1) If any creditor is also indebted to you, please specify in column (iii) both the amount due to the creditor and the amount owed by the creditor. The net amount due by you to the creditor should be inserted in column (iv). If, however, the amount owed to you by the "creditor" is more than the amount that you owe the creditor, do not insert any amount in this list but use List B for the purpose. (2) The particulars of any bills of exchange and promissory notes held by a creditor should be inserted immediately below the name of such creditor. (L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 28C [section 10(2)] STATEMENT OF AFFAIRS (DEBTOR'S PETITION) BANKRUPTCY ORDINANCE (CHAPTER 6) Note.-These details will be the same as those shown at the top of your petition. In the _______________ In Bankruptcy No. __________ of _________ . Re ____________________________________________________ Show your current financial position by completing all the pages of this form which will then be your Statement of Affairs. _______________________________________________________ AFFIDAVIT This Affidavit must be sworn before a Solicitor or Commissioner of Oaths or an officer of the court duly authorized to administer oaths when you have completed the rest of this form. (a) Insert full name, occupation, Hong Kong Identity Card No. (if any) or number and issuing country of any passport. (b) Insert full address. I, (a) ___________________________________________________ ______________________________________________________ , of (b) __________________________________________________ _______________________________________________________ _______________________________________________________ Make oath and say that several pages exhibited hereto and marked _______ are to the best of my knowledge and belief a full, true and complete statement of my affairs at today's date. Sworn at _________________ Date ____________________ Signature(s) _______________ Before me ________________ ______________________________________________________ A Solicitor or Commissioner of Oaths or Duly authorized officer Before swearing the affidavit, the Solicitor or Commissioner is particularly requested to make sure that the full name, address and description of the deponent are stated, and to initial any crossings-out or other alterations in the printed form. A deficiency in the affidavit in any of the above respects will mean that it will be refused by the court, and will need to be re-sworn. LIST A SECURED CREDITORS LIST B UNSECURED CREDITORS 1 No. 2 Name of creditor or claimant 3 Address (with postcode) 4 Amount the creditor says you owe him/her $ 5 Amount you think you owe $ Signature _______________________________ Date ______________ LIST C1 ASSETS Do you have any bank accounts or an interest in one? If 'YES' state where they are, how much is in them and how much is your share. Yes □ No □ Do you have any business bank accounts, including joint accounts? If 'YES' state the name of the accounts, where they are and how much is in them. Yes □ No □ Do you have any bank deposit accounts or an interest in one? If 'YES' state where they are and how much is in them and how much is your share. Yes □ No □ Signature _______________________________ Date ______________ LIST C2 ASSETS Do you have any other savings? If 'YES' give details. Yes □ No □ Do you use a motor vehicle? If 'YES' who owns it and what is it worth? Yes □ No □ Have you an interest in any other motor vehicles? If 'YES' give details and their value. Yes □ No □ Signature _______________________________ Date ______________ LIST C3 ASSETS Now show anything else of yours which may be of value. (a) Household furniture and belongings $ (b) Life policies (c) Money owed to you (d) Stock in trade (e) Other property TOTAL $ Signature _______________________________ Date _________________ LIST D 1. State the name, age (if under 18), and relationship to you of your dependants. 1 _____________________________ 6 _____________________________ 2 _____________________________ 7 _____________________________ 3 _____________________________ 8 _____________________________ 4 _____________________________ 9 _____________________________ 5 _____________________________ 10 _____________________________ 2. Has distress been levied against you by or on behalf of any creditor? Yes □ No □ If 'YES' give details below- Name of creditor Amount of claim $ Date Distress levied Description and estimated value of property seized Signature _______________________________ Date _________________ LIST E 3. At the date you present your bankruptcy petition, is any court judgment or other legal process outstanding against you that has been made by any court in Hong Kong? If 'YES' give details below- Yes □ No □ Name of creditor Amount of claim $ Type and date of process issued Description and estimated value of any property seized 4. At the date you present your bankruptcy petition, is any income payments order in force against you? If 'YES' give details below- Yes □ No □ Name of creditor Date of order Court Amount of instalment payable under order (per month/week) $ Total amount paid under order $ Date order expires (if applicable) Signature _______________________________ Date _________________ LIST F 5(a) Have you, before you presented your petition, tried to come to any agreement with your creditors generally for payment of your debts? Yes □ No □ (b) If the answer to 5(a) is 'YES', what terms were offered to the creditors- (1) time for repayment _____________________________ _____________________________ (2) percentage amount receivable by creditors ____________ (3) when was the offer made? ________________________ (c) Did the attempt fail because the creditors refused to accept the terms offered? If 'NO' why did it fail? _______________________________ ________________________________________________ ________________________________________________ Yes □ No □ 6. Do you think that you will be able to introduce a voluntary arrangement for your creditors under the Bankruptcy Ordinance (Chapter 6), which is likely to be acceptable to them? If 'YES' give brief details _____________________________ ________________________________________________ ________________________________________________ Yes □ No □ _______________________________________________________________ Signature _______________________________ Date _________________ LIST G STATEMENT OF MEANS (List below all items of regular "monthly" income and expenditure) Items of income $ Items of expenditure $ This page shows that I will now be able to pay creditors $ __________ a month. Signature _________________ Date _________________ LIST H STATEMENT OF RECENT AND EXPECTED INCOME Include in the table below details of your gross income in the past 12 months and your estimated gross income for the next 12 months. Gross income is the amount of your income before any deductions, including tax, are made. Ensure that you include all income details as any details left out may affect your ability to obtain an early discharge. Source of Income Income last 12 months Estimated income next 12 months Gross Wages and Salary before income tax is deducted (including overtime & penalty rates) ˙ ˙ $ $ $ $ Drawings from Business if self-employed $ $ Government Pensions, Benefits & Allowances (Specify type) ˙ ˙ ˙ $ $ $ $ $ $ Payments from Retirement or Approved Deposit, Provident Funds (Specify type) ˙ ˙ $ $ $ $ Lump Sum payment on termination of employment $ $ Income from deceased estate or trust $ $ Income from Investments (Specify type) ˙Interest ˙Dividends ˙Insurance policies ˙ ˙ $ $ $ $ $ $ $ $ $ $ Money from any other allowances, benefits or sources not mentioned above (Specify source & type) ˙ ˙ ˙ $ $ $ $ $ $ TOTAL $ $ (L.N. 81 of 1998) ___________________ FORM 29 [rules 99A & 99D] NOTICE TO CREDITORS OF GENERAL MEETING OF CREDITORS (Title.) (a) Delete as applicable. (b) Insert relevant section. (c) Insert date and time by which proxy is to be lodged, which should not be more than 24 hours before the date fixed for the meeting. A meeting of creditors has been summoned by the (a) [provisional trustee] [trustee] (a) [at the request of a creditor under section (b) of the Bankruptcy Ordinance (Chapter 6)] for the purpose of- The meeting will be held as follows- Date __________________________________________________ Time ______________________________ hours Place __________________________________________________ __________________________________________________ The forms of general and special proxy are enclosed, one of which must be lodged with me not later than (c) ________________________ to entitle you to vote by proxy at the meeting (together with a completed proof of debt form if you have not already lodged one). Dated this day of . Provisional trustee/Trustee [address] Note. - Insert any further details which by the nature of the meeting need to be stated. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 30-31 (Repealed L.N. 81 of 1998) ___________________ FORM 32 [section 17] NOTICE TO CREDITORS OF ADJOURNED MEETING (Title.) Take notice that the meeting of creditors in the above matter held on the day of at was adjourned to the day of and will accordingly be held at on the said day at o'clock in the noon. Agenda [Insert here nature of business to be transacted] Dated this day of . Trustee (L.N. 125 of 2007) ___________________ FORM 33 [rule 105] AFFIDAVIT OF POSTAGE OF NOTICES. GENERAL MEETING (Title.) (a) Insert here if necessary "adjourned". I, , [insert description], make oath and say as follows- 1. That I did, on the day of , send to each creditor mentioned in the bankrupt's statement of affairs, and to the above-named bankrupt, a notice of the time and place of the (a) general meeting of creditors. 2. That such notices were addressed to the said creditors respectively, according to their respective names and addresses appearing in the statement of affairs of the said bankrupt, and also to the said bankrupt at 3. That the post office acknowledgment or the same is hereunto annexed and marked "A". Sworn at, etc. (Signature) (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 34 [rule 105] CERTIFICATE OF POSTAGE OF NOTICES. GENERAL MEETING (Title.) (a) Insert here if necessary "adjourned". I, , [insert description], hereby certify- 1. That I did, on the day of , send to each creditor mentioned in the bankrupt's statement of affairs, a notice of the time and place of the (a) general meeting of creditors. 2. That such notices were addressed to the said creditors respectively according to their respective names and addresses appearing in the statement of affairs of the said bankrupt. 3. That the post office acknowledgment for the same is hereunto annexed and marked "A". 4. That I did on the said day of , send by registered post notice of the time and place of the said meeting to the said bankrupt, and that such notice was sent to the following address- Dated this day of . (Signature) (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 35 [rule 100] NOTICE TO BANKRUPT TO ATTEND GENERAL MEETING OF CREDITORS (Title.) Take notice that the general meeting of your creditors will be held on the day of , at o'clock at and that you are required to attend thereat and submit to such examination and give such information as the meeting may require. And further, take notice that if you fail to comply with the requirements of this notice you will be guilty of contempt of court and may be punished accordingly. Dated this day of . Provisional trustee. To the above-named bankrupt. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 36 (Repealed L.N. 81 of 1998) ___________________ FORM 37 [rule 107] MEMORANDUM OF ADJOURNMENT OF MEETINGS (Title.) (a) Here state reason for adjournment. Meeting held at on the day of , at o'clock. Memorandum-A meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that (a) the meeting was adjourned until the day of , at o'clock in the noon, then to be held at the same place. Chairman. (L.N. 81 of 1998) ___________________ FORM 38 MEMORANDUM OF PROCEEDINGS AT ADJOURNED GENERAL MEETING WHERE NO QUORUM (Title.) Meeting held at on the day of , at o'clock. Memorandum.- The adjourned meeting of creditors in the above matter was held at the time and place above-mentioned, and the several proofs of debt lodged were produced; but it appearing that there was not a quorum of creditors qualified to vote present or represented no resolution was passed, and the meeting was not further adjourned. Chairman. (L.N. 81 of 1998) ___________________ FORM 39 [section 17B; rule 100] ORDER OF COURT FOR GENERAL MEETING OF CREDITORS (Title.) Upon the application of C.D., of , it is ordered that the trustee of the property of the bankrupt [or the provisional trustee] do summon a meeting of the creditors of the bankrupt to be held at on the day of , at o'clock in the noon [here state the purpose for which meeting called]. Dated this day of . Registrar. (L.N. 125 of 2007) ___________________ FORM 40 [rule 99E] NOTICE OF MEETING (GENERAL FORM) (Title.) [Here insert purpose for which meeting called] Take notice that a meeting of creditors in the above matter will be held at on the day of , at o'clock in the noon. (Forms of general and special proxy are enclosed herewith.) Agenda Dated this day of . Trustee. (L.N. 125 of 2007) ___________________ FORM 41-42 (Repealed L.N. 81 of 1998) ___________________ FORM 43 [rule 99E] NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND TO APPOINT A PERSON TO FILL THE VACANCY (Title.) At the request of one-fourth in value of the creditors of the bankrupt a general meeting of the creditors is hereby summoned to be held at on the day of , at o'clock in the noon for the purpose of considering the propriety of removing G. H., the trustee of the property of the bankrupt, from his office as such trustee, and in the event of his removal to appoint a person to fill the vacancy. Dated this day of . L.M., A member of the Creditors' Committee [or Official Receiver] (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 44 [rule 99E] NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE (Title.) I, C.D., Official Receiver, hereby give you notice that a meeting of creditors will be held at on the day of , at o'clock in the noon, for the purpose of appointing a trustee in the place of the late trustee, who has resigned the office [or who has died or against whom a bankruptcy order has been made]. Dated this day of . Official Receiver. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 45 [rule 2] LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING (Title.) Meeting held at this day of . Number Names of creditors present or represented Amount of proof 1 2 3 4 5 6 7 7 Total number of creditors present or represented $ cts (L.N. 81 of 1998) ___________________ FORM 46A [rule 109] PROOF OF DEBT-GENERAL FORM IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY No. of Except in the case of claims for wages or salary, where the debt proved for exceeds $250 a fee of $15 must be paid hereon otherwise the proof cannot be admitted. Re: Date of Bankruptcy Order 1 Name of Creditor 2 Address of Creditor 3 Total amount of claim, including any outstanding uncapitalised interest as at the date of the bankruptcy order (Analysis of claim can be supplied on separate sheet signed by creditor or person authorized to act on his behalf) $ 4 Details of any documents by reference to which the debt can be substantiated [Note: Either the originals or copies of documentary evidence should be submitted. Bills of exchange or other negotiable securities must be produced before the proof can be admitted. The trustee may call for any document or evidence to substantiate the claim at his discretion.] 5 If total amount above includes outstanding uncapitalised interest please state amount 6 Particulars of how and when debt incurred 7 Particulars of any security held, the value of the security, and the date it was given 8 I hereby declare that the particulars set out in this Proof of Debt are, to the best of my knowledge and belief, true and correct. Signature of creditor or person authorized to act on his behalf ________________________________________ Name in BLOCK LETTERS ________________________________________ Position with or relation to creditor and means of knowledge of the matters declared therein _______________________________________ Warning: A person convicted of making a false statement in respect of a proof of debt shall be liable to a fine and imprisonment for 2 years. Admitted to vote for $ Date Trustee Admitted preferentially for $ Date Trustee Admitted non-preferentially for $ Date Trustee To be returned to the trustee. Note: The proof cannot be admitted for voting at the general meeting of creditors unless it is properly completed and lodged with the trustee not later than 24 hours before the time specified in the notice convening the meeting. (L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 46B [rule 109] AFFIDAVIT OF DEBT IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY No. (a) of Re: (a) I, (b) , of make oath and say- (1)(c) That I am (d) of the under-mentioned creditor, and that I am duly authorized by (e) to make this affidavit, and that it is within my own knowledge that the debt hereinafter deposed to was incurred and that such debt, to the best of my knowledge and belief, still remains unpaid and unsatisfied. (2) That the said was/were, at the date of the bankruptcy order, viz, the day of , and still is/are justly and truly indebted to (f) in the sum of dollars as shown in the proof of debt exhibited hereto marked "A". (a) Here insert the number of matter, and the name of debtor, as given on the notice of meeting. (b) Fill in full name, address and occupation of deponent. (c) If proof made by creditor personally strike out clause(1). (d) State capacity, e.g. director, secretary, solicitor etc. (e) State full name and address of creditor. (f) Insert "me" or in case of a firm "me and C.D. and E.F, my co-partners trading as", or if by clerk or agent etc. insert name, address and description of principal. ________________________ Debt ....... $ : ------------------------------------- Sworn at this day of ｝ [Deponent's Signature.] Before me, [Notary Public/Commissioner for Oaths/other authorized person +] + Delete as appropriate. ___________________________________________________________________________ _ Warning : A person convicted of making a false statement in respect of a proof of debt shall be liable to a fine and imprisonment for 7 years. ___________________________________________________________________________ _ To be returned to the trustee. (L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 47 [rule 109] PROOF BY TRUSTEE IN PRIOR BANKRUPTCY (Title.) I, , of , make oath and say- 1. The said was adjudicated a bankrupt on , and I am the trustee under such bankruptcy. 2. There was at the date of the bankruptcy [or administration] order herein, namely, the day of , and still in an unsatisfied balance of the debts provable in the foresaid bankruptcy, of which I am trustee, amounting to $ as shown in the statement endorsed hereon [or annexed hereto and marked "A"]. 3. I claim to prove in the present bankruptcy for the said amount. Sworn, etc. Before me, Admitted to vote for $ the day of . Trustee. Admitted to rank for dividend for $ this day of . Trustee. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 48 [rule 110] PROOF OF DEBT OF EMPLOYEES (Title.) (a) Fill in full name, address and occupation of deponent. (b) the above-named debtor or the supervisor of the above-named debtor or on behalf of the employees and others employed by the above-named debtor. (c) or the said. (d) my employ or the employ of the above-named debtor. (e) me or the above-named debtor. I, (a) of , (b), make oath and say- 1. That (c) w at the date of the bankruptcy order, viz. the day of , and still justly and truly indebted to the several persons whose names, addresses and descriptions appear in the schedule endorsed hereon in sums severally set against their names in the sixth column of such schedule for wages due to them respectively as employees or others in (d) in respect of services rendered by them respectively to (e) during such periods before the date of the bankruptcy order as are set out against their respective names in the fifth column of such schedule, for which said sums, or any part thereof, I say that they have not, nor hath any of them, had or received any manner of satisfaction or security whatsoever. Sworn, etc., (Signature) SCHEDULE referred to on the other side 1 No. 2 Full name of employee 3 Address 4 Description 5 Period over which wages due 6 Amount due $ cts (L.N. 81 of 1998) ___________________ FORM 49 [rules 114, 115] NOTICE OF REJECTION OF PROOF OF DEBT (Title.) (a) If proof wholly rejected strike out words underlined. (b) 21 days or 7 days as the case may be. See Rules 117 and 123(2). Take notice, that, as the trustee of the above estate, I have this day rejected your claim against such estate (a) [to the extent of $ ] on the following grounds- And further take notice that if you are dissatisfied with my decision in respect of your proof you may apply to the court to reverse or vary the same, but subject to the power of the court to extend the time, no application to reverse or vary my decision in rejecting your proof will be entertained after the expiration of (b) days from this date. Dated this day of . Trustee. To (L.N. 125 of 2007) ___________________ FORM 50 [section 86B(1)(c)] GENERAL PROXY (Title.) (a) If a firm write "we" instead of "I" and set out the full name of the firm. (b) Here insert either "Mr. of , a clerk, manager etc., in my regular employ," or "Mr. of , my solicitor," or "the trustee". The standing of the person appointed must be clearly set out. (c) "my" or "our". (d) See footnote 1. (e) If a firm, sign the firm's trading title, and add "by A.B., a partner in the said firm". As to signature by agent, see footnotes 2 and 3. (f) It is not intended that the trustee shall in any case receive dividends on behalf of a creditor. (g) The trustee may require the authority to sign to be produced for his inspection. I, (a) of , a creditor, hereby appoint (b) to be (c) general proxy in the above matter [excepting as to the receipt of dividend (d)]. Dated this day of . (Signed) (e) (Signature of witness) (Address) NOTES 1. When the creditor desires that his general proxy should receive dividends he should strike out the words, "excepting as to the receipt of dividend", putting his initials thereto (f). 2. The authorized agent of a corporation may fill up blanks, and sign for the corporation thus- For the Company, Limited. J.S. (duly authorized under the seal of the company). 3. A proxy given by a creditor may be filled up and signed by any person in the employ of the creditor having a general authority in writing to sign for such creditor. Such person shall sign- J.S. (duly authorized by a general authority in writing to sign on behalf [name of creditor]) (g). Certificate to be signed by person other than creditor filling up the above proxy I, , of , being a [here state whether clerk or manager in the regular employment of the creditor or a commissioner to administer oaths in the Court of First Instance], hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence, before he attached his signature [or mark] hereto. Dated this day of . (Signature) The proxy must be lodged with the trustee not later than 24 hours before the time appointed for the meeting at which it is to be used. (G.N.A. 124 of 1955; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 51 [section 86B(1)(c)] SPECIAL PROXY (Title.) (a) If a firm, write "we" instead of "I", and set out the full name of the firm. (b) Here insert either "Mr. of," or "the trustee". (c) "my" or "our". (d) Here insert the word "for" or the word "against" as the case may require, and specify the particular resolution or name of proposed trustee, remuneration, or other matter. (e) If a firm, sign the firm's trading title, and add "by A.B., partner in the said firm." As to signature by agent see footnotes 2 and 3. (f) The trustee may require the authority to sign to be produced for his inspection. I, (a) of , a creditor, hereby appoint (b) as (c) proxy at the meeting of creditors to be held on the day of , or at any adjournment thereof, to vote (d) . Dated this day of . (Signed) (e) (Signature of witness) (Address) NOTES 1. A creditor may give a special proxy to any person to vote at any specified meeting or adjournment thereof on all or any of the following matters- (a) for or against any specific proposal for a voluntary arrangement; (b) for or against the appointment of any specified person as trustee or as member of the creditors' committee, or for or against the continuance in office of any specified person, as trustee or member of a creditors' committee; (c) on all questions relating to any matter, other than those above referred to, arising from any specified meeting or adjournment thereof. 2. The authorized agent of a corporation may fill up blanks, and sign for the corporation thus- For the Company, Limited J.S.(duly authorized under the seal of the company) 3. A proxy given by a creditor may be filled up and signed by any person in the employ of creditor having a general authority in writing to sign for such creditor. Such person shall sign- J.S. (duly authorized by a general authority in writing to sign on behalf [name of creditor]) (f). Certificate to be signed by person other than creditor filling up the above proxy I, , of , being a [here state whether clerk or manager in the regular employment of the creditor or a commissioner to administer oaths in the Court of First Instance], hereby certify that all insertions in the above proxy are in my own handwriting, and have been made by me at the request of the above-named and in his presence before he attached his signature [or mark] thereto. Dated this day of . (Signature) The proxy must be lodged with the trustee not later than 24 hours before the time appointed for the meeting at which it is to be used. (G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007) ___________________ FORM 52 [section 19] APPLICATION BY THE OFFICIAL RECEIVER OR TRUSTEE FOR AN ORDER APPOINTING A SITTING FOR THE PUBLIC EXAMINATION OF THE BANKRUPT (a) Insert the name and address of the bankrupt. Let (a) attend before ______________________________________ as follows- Date ____________________________________________________ Time _________________________________ hours Place ____________________________________________________ ____________________________________________________ on the hearing of an application by the Official Receiver or trustee for an order that the bankrupt be publicly examined in court pursuant to section 19 of the Bankruptcy Ordinance (Chapter 6) at such time and place as the court shall direct and that the bankrupt shall attend such public examination. Dated this day of . Official Receiver or Trustee. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 53 [section 19] ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION OF THE BANKRUPT Upon the application of the Official Receiver or Trustee And upon hearing And upon reading the evidence It is ordered that the bankrupt be publicly examined pursuant to section 19 of the Bankruptcy Ordinance (Chapter 6) as follows- Date ______________________________________________________________ Time _________________________________ hours Place ______________________________________________________________ ______________________________________________________________ And it is ordered that the bankrupt shall attend at the time and place above-mentioned for such purpose. Dated this day of . Registrar. WARNING TO BANKRUPT: If you fail without reasonable excuse to attend your public examination at the time and place set out in the order, you will be liable to be committed to prison without further notice. In addition, if you commit perjury during your examination, you will be liable on conviction to imprisonment for 7 years and a fine. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 54 [section 19; rule 86] NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION (FOR LOCAL NEWSPAPER OR Gazette) (Title.) Notice is hereby given that the court has appointed day, the day of , at o'clock in the noon, for Proceeding with the public examination of the above-named bankrupt, which, on the day of , was adjourned sine die. Dated this day of . Official Receiver or Trustee. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 55 [section 19; rule 23] APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION OF BANKRUPT (Title.) Upon the application of the Official Receiver or trustee the court hereby, pursuant to rule 23 of the Bankruptcy Rules, appoints of to take the examination of the said at his public examination this day. Dated this day of . Registrar. (L.N. 81 of 1998; L.N. 125 of 2007) ___________________ FORM 56 [section 19; rule 23] DECLARATION BY SHORTHAND WRITER (Title.) Before I, , of , the shorthand writer appointed by the court to take down the examination of the said , do solemnly and sincerely declare that I will truly and faithfully take down the questions and answers put to and given by the said in this matter, and will deliver true and faithful transcripts thereof as the court may direct. Dated this day of . Declared before me at the time and place above-mentioned. (G.N.A. 124 of 1955) ___________________ FORM 57 [section 19; rule 23] NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE A SHORTHAND WRITER IS APPOINTED (Title.) Public examination of the bankrupt held this day of , before . The above-named bankrupt, being sworn and examined at the time and place above-mentioned, upon the several questions following being put to him, gave the several answers thereto respectively following each question, that is to say- A This is a transcript of the notes of the public examination of , held this day of . Shorthand writer duly appointed under rule 23, or Shorthand writer attached to the Official Receiver's Office. (G.N.A. 124 of 1955; L.N. 81 of 1998) ___________________ FORM 58 [section 19; rule 23] NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE SHORTHAND WRITER IS NOT APPOINTED Public examination of the bankrupt held this day of , before . The above-named bankrupt being sworn and examined at the time and place above-mentioned, upon his oath saith as follows- A These are the notes of the examination of , held this day of . Signature of person taking the notes (G.N.A. 124 of 1955; L.N. 81 of 1998) ___________________ FORM 59 [section 19] ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION (Title.) (a) Insert here word "further" if necessary. [Set out any further order of the court] This being the day appointed for the (a) public examination of the above-named , and the said having submitted himself for such examination; now upon hearing the Official Receiver or trustee, and upon hearing and it appearing that . It is ordered that the said public examination be adjourned to the day of , at in the noon. And it is further ordered that the said do attend at the court on the said day of , for the purpose of being further examined as to his conduct, dealings, and property. And it is further ordered that the said . Date this day of . Registrar. (L.N. 125 of 2007) ___________________ FORM 60-61 (Repealed L.N. 81 of 1998) ___________________ FORM 62 [section 19] MEMORANDUM OF PUBLIC EXAMINATION OF BANKRUPT (Title.) Memorandum. That I, the above-named bankrupt, being sworn and examined upon my oath say that the notes of my public examination marked "A", and appended hereto, were read over by or to me and are correct. And I further say that, at the time of this my examination, I have delivered up to the trustee of my estate, all property, estate and effects, and all books, papers and writings relating thereto. And I further say that I have made a full disclosure of all my assets and of all my debts and liabilities of whatever kind, and that I have not removed, concealed, embezzled or destroyed any part of my estate, real or personal, nor any books of account, papers or writings relating thereto, with an intent to defraud my creditors or to conceal the