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BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE
Caution: This is a past version. See the current version here.
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 paper)
........................................................................ 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 receiver:
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 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 paper) ............................................ 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)
FORMS
FORM 1 [rule 7]
GENERAL TITLE
In the Court of First Instance of Hong Kong.
In Bankruptcy.
No. of 19 .
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 , 19 .
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 , 19 .
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 ,19 , 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 19 ; 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 ,19
(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 , 19 , it is ordered that this petition shall
be heard at on the day of
,19 , 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 RECEIVER
(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 receiver of the
property of the said A.B., and [here insert any special directions to the
receiver that may be desired].
Dated this day of , 19 .
(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 receiver 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 , 19 .
Registrar. (G.N.A. 124 of 1955)
___________________
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 , 19 , 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 , 19 . .
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 , 19 .
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 , 19 .
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 , 19 , 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 , 19 .
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 , 19 .
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 one thousand nine hundred
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.
___________________
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 , 19 .
(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 , 19 , at o'clock in the noon.
Dated this day of , 19 .
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 , 19 .
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 , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 25 [section 5; rules 69, 75]
BANKRUPTCY ORDER ON DEBTOR'S PETITION
(Title.)
On the petition of the debtor himself, filed the day of , 19 , ,
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 is
hereby constituted receiver of the estate of the said debtor.
Dated this day of , 19 .
Registrar. ___________________________________________________________________
NOTE-The above-named debtor is required immediately after the service of this
order upon him to attend the Official Receiver at his office at
(state address). The Official Receiver's offices are open (except on holidays)
every week-day from a.m. to p.m., except Saturdays, when they close at p.m.
______________________
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)
___________________
FORM 26 [section 5; rules 69, 75]
BANKRUPTCY ORDER ON CREDITOR'S PETITION
(Title.)
On the petition dated the day of , 19 of J.S., of 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 is hereby
constituted receiver of the estate of the said debtor.
Dated this day of , 19 .
Registrar. ___________________________________________________________________
NOTE.-The above-named debtor is required, immediately after the service of
this order upon him, to attend the Official Receiver at his office at
(state address). The Official Receiver's offices are open (except on holidays)
every week-day from a.m. to p.m., except Saturdays, when they close at p.m.
___________________
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)
___________________
FORM 27 [sections 22(2), 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 me.
Official Receiver.
Dated this day of , 19 .
(L.N. 81 of 1998)
___________________
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 19 .
(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)
___________________
FORM 28B Page 1
IN THE COURT OF FIRST INSTANCE OF HONG KONG IN BANKRUPTCY
No. of 19 .
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 .______________., 19._____ 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 19 . (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 19 . (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 19 . (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 19 . (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 19 . (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)
___________________
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 19 _________ .
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) [Official Receiver]
[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 , 19 .
Official Receiver/Trustee
[address]
Note.-Insert any further details which by the nature of the meeting need to be
stated. (L.N. 81 of 1998)
___________________
FORM 30-31
(Repealed L.N. 81 of 1998)
___________________
FORM 32 [section 17; rule 102]
NOTICE TO CREDITORS OF ADJOURNED MEETING
(Title.)
Take notice that the meeting of creditors in the above matter held on the
day of at the Official Receiver's Office was adjourned to the day
of and will accordingly be held at the Official Receiver's Office,
(state address) on the said day at o'clock in the noon.
Agenda
[Insert here nature of business to be transacted]
Dated this day of , 19 .
Official Receiver ___________________
FORM 33 [rule 105]
AFFIDAVIT OF POSTAGE OF NOTICES. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , a clerk in the office of
the Official Receiver, make oath and say as follows-
1. That I did, on the day of , 19 , 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)
___________________
FORM 34 [rule 105]
CERTIFICATE OF POSTAGE OF NOTICES. GENERAL MEETING
(Title.)
(a) Insert here if necessary "adjourned". I, , a clerk in the office of
the Official Receiver, hereby certify-
1. That I did, on the day of , 19 , 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 , 19 , 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 , 19 .
Clerk to the Official Receiver. (L.N. 81 of 1998)
___________________
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 , 19 , at o'clock at the Official Receiver's Office,
(state address) 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 , 19 .
Official Receiver.
To
the above-named bankrupt. (L.N. 81 of 1998)
___________________
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 , 19 , 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 , 19 , 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 , 19 , 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 17; rules 10, 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 Official Receiver do summon a meeting of
the creditors of the bankrupt to be held at on the day of , 19 , at
o'clock in the noon [here state the purpose for which meeting called].
Dated this day of , 19 .
Registrar.
___________________
FORM 40 [rule 101]
NOTICE OF MEETING (GENERAL FORM)
(Title.)
[Here insert purpose for which meeting called]
(a) "Trustee" or "Official Receiver." Take notice that a meeting of
creditors in the above matter will be held at on the day of , 19 ,
at o'clock in the noon.
(Forms of general and special proxy are enclosed herewith.)
Agenda
Dated this day of , 19 .
(Signed) (a)
___________________
FORM 41-42
(Repealed L.N. 81 of 1998)
___________________
FORM 43 [rule 102]
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 ,19 , 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 , 19 .
L.M.,
A member of the Creditors' Committee [or Official Receiver]. (L.N. 81 of 1998)
___________________
FORM 44 [rule 102]
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 , 19 , 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 , 19 .
Official Receiver. (L.N. 81 of 1998)
___________________
FORM 45 [rule 2]
LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING
(Title.)
Meeting held at this day of ,19 .
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 19
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 Official Receiver or 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 Official Receiver/Trustee Admitted preferentially for $ Date
Trustee Admitted non-preferentially for $ Date Trustee To be returned to the
Official Receiver or, if a trustee has been appointed, 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 Official Receiver 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)
___________________
FORM 46B [rule 109]
AFFIDAVIT OF DEBT
IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. (a) of 19
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 , 19 , 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 19 ｝ [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 Official Receiver or, if a trustee has been appointed, to the
trustee. (L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s.
2)
___________________
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 , 19 , 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 , 19 , 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 ,
19 .
Official Receiver or Trustee.
Admitted to rank for dividend for $ this day of , 19 .
Official Receiver or Trustee (L.N. 81 of 1998)
___________________
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 , 19 , 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 Official Receiver [or 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 , 19 .
Official Receiver
or Trustee.
To
___________________
FORM 50 [section 78(1)(d); rule 119]
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 Official Receiver". 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 Official Receiver shall in any case
receive dividends on behalf of a creditor.
(g) The Official Receiver or 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 , 19 .
(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 or the Official Receiver], 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 , 19 .
(Signature)
The proxy must be lodged with the Official Receiver or 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)
___________________
FORM 51 [section 78(1)(d); rule 119]
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 Official Receiver".
(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 Official Receiver or 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 , 19 , or at any
adjournment thereof, to vote (d) .
Dated this day of , 19 .
(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 at 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 or the Official Receiver], 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 , 19 .
(Signature)
The proxy must be lodged with the Official Receiver or 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)
___________________
FORM 52 [section 19]
APPLICATION BY THE OFFICIAL RECEIVER 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 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. (L.N. 81 of 1998)
___________________
FORM 53 [section 19]
ORDER APPOINTING A TIME FOR THE PUBLIC EXAMINATION OF THE BANKRUPT
Upon the application of the Official Receiver
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.
WARING 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)
___________________
FORM 54 [section 19; rule 86]
NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION (FOR LOCAL PAPER OR
Gazette)
(Title.)
Notice is hereby given that the court has appointed day, the day
of , 19 , at o'clock in the noon, for Proceeding with the public
examination of the above-named bankrupt, which, on the day of , 19 ,
was adjourned sine die.
Dated this day of , 19 .
Official Receiver. (L.N. 81 of 1998)
___________________
FORM 55 [section 19; rule 23]
APPOINTMENT OF SHORTHAND WRITER TO TAKE EXAMINATION OF BANKRUPT
(Title.)
Upon the application of the Official Receiver 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 , 19 .
Registrar. (L.N. 81 of 1998)
___________________
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 , 19 .
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 , 19 , 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 , 19 .
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 , 19 , 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 , 19 .
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, and upon hearing and it appearing that .
It is ordered that the said public examination be adjourned to the day
of , 19 , at in the noon. And it is further ordered that the said
do attend at the court on the said day of , 19 , 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 , 19 .
Registrar
___________________
FORM 60-61
(Repealed L.N. 81 of 1998)
___________________
FORM 62 [section 19(8)]
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 Official Receiver or 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 state of my affairs.
[Here insert any special matter]
Dated this day of , 19 .
Bankrupt (L.N. 81 of 1998)
___________________
FORM 63 [section 19]
ORDER OF COURT THAT EXAMINATION IS CONCLUDED
(Title.)
Whereas the above-named A.B. has duly attended before the court and has been
publicly examined as to his conduct, dealings and property;
And whereas the court is of opinion that the affairs of the said A.B. have
been sufficiently investigated, it is hereby ordered that the examination of
the said A.B. is concluded.
Dated this day of , 19 .
Registrar.
___________________
FORM 64 [section 20B]
ORDER GRANTING STAY PENDING HEARING OF APPLICATION FOR INTERIM ORDER
(Title.)
(a) Insert full name and address of applicant.
(b) Insert details of any action, execution or other legal process to be
stayed. Upon the application of (a)
And upon hearing
And upon reading the evidence
It is ordered that (b)
be stayed over the hearing of the application for an interim order pursuant to
section 20 of the Bankruptcy Ordinance (Chapter 6), namely
the day of
,19 or over any
adjournment thereof.
Dated this day of , 19 .
Registrar. (L.N. 81 of 1998)
___________________
FORM 65 [rule 122F]
INTERIM ORDER OF COURT UND