BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE

Hong Kong Regulations

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BANKRUPTCY (FORMS) RULES - SCHEDULE SCHEDULE

(Past version on 12/02/2005).
(Past version on 08/09/2004).
(Past version on 01/04/1998).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

FORMS

INDEX

Form
Accounts:
Affidavit verifying trustee's account
........................................................... 146
Affidavit verifying trustee's trading account
................................................ 149
Affidavit verifying special manager's account
............................................. 151
Certificate by creditors' committee as to audit of trustee's account
............... 145
Profit and loss account
...........................................................................
... 148
Statement of accounts under section 88
...................................................... 150
Trustee's trading account
..........................................................................
147
Action:
Order restraining before bankruptcy order
................................................... 24
Advertisement:
Of day for proceeding with public examination
............................................. 54
Of bankruptcy order, etc.
...........................................................................
27
Allocatur:
For costs of debtor's petition
.......................................................................
144
Bankruptcy Order:
Application to annul
...........................................................................
......... 79
Notice etc. (for local newspaper)
............................................................... 27
Order annulling
...........................................................................
............... 80
Order on creditor's petition
.........................................................................
26
Order on debtor's petition
...........................................................................
25
Bond on stay of proceedings:
Affidavit of justification
...........................................................................
... 21
Form
...........................................................................
.............................. 19
Notice of sureties
...........................................................................
............ 20
Book debts:
Register of assignment of
...........................................................................
117
Committal:
Affidavit in support of application for committal of bankrupt under
section 26
or 55
...........................................................................
............................
96
Affidavit of non-compliance with order of court
........................................... 104
Affidavit of trustee under section 53(5)
....................................................... 97
Application by trustee for committal of bankrupt or other person
................... 94
Notice of application for committal under section 110
................................... 98
Notice of application for committal under section 26
..................................... 99
Notice of application for committal under section 53(5)
................................. 100
Order of committal under section 110
.......................................................... 101
Order of committal under section 26
............................................................ 102
Order of committal under section 53(5)
....................................................... 103
Order for discharge from custody on contempt
............................................ 106
Order for production of person in prison for examination before the court
...... 107
Warrant of committal for contempt
............................................................. 105
Debt:
Admission of debt
...........................................................................
........... 113
Order to pay debt
...........................................................................
............ 114
Deceased debtor:
Petition by creditor (section 112)
................................................................ 134
Petition by legal personal representative (section 112)
.................................. 135
Order for administration of estate on petition
................................................ 136
Directions:
Application for by trustee
...........................................................................
131
Order on application by trustee
................................................................... 132
Discharge:
Application by bankrupt under section 30A(7) of the Bankruptcy Ordinance
for lifting a suspension of the running of the relevant period for
discharge ....
85
Application for early discharge under section 30B(1) of the Bankruptcy
Ordinance
...........................................................................
....................
84
Certificate of discharge
...........................................................................
... 88
Certificate that order suspending discharge has been lifted
............................ 87
Notice of intention to object to bankrupt's discharge under section 30A(4)
of the Bankruptcy Ordinance
.......................................................................
82
Notice to creditors by trustee under section 30A(5) of the Bankruptcy
Ordinance
...........................................................................
.....................
83
Order of suspension of discharge under section 30A(3) of the Bankruptcy
Ordinance
...........................................................................
....................
81
Order of court lifting suspension of discharge
............................................... 86
Disclaimer:
Notice of disclaimer without leave of court
.................................................. 128
Notice of disclaimer with leave of court
....................................................... 129
Notice to landlord of intention to disclaim lease not sublet or mortgaged
......... 123
Notice of intention to disclaim lease sublet or mortgaged
............................... 124
Notice by landlord or other person requiring trustee to bring disclaimer
before court
...........................................................................
............................
130
Of lease after notice
...........................................................................
....... 126
Of lease with leave of court
........................................................................
127
Without notice
...........................................................................
................ 125
Dividend:
Application by creditor for order for trustee to pay and order thereon
............ 142
Notice to creditors of intention to declare
..................................................... 138
Notice to persons claiming to be creditors of intention to declare final
dividend
...........................................................................
.......................................
139
Notice of dividend
...........................................................................
........... 141
Examination:
Shorthand writer, appointment of
................................................................. 55
Shorthand writer, declaration by
.................................................................. 56
Summons under section 29
.........................................................................
112
Gazetting and publication in newspaper:
Substituted service of petition
...................................................................... 15
Transfer from separate estate to joint estate
................................................ 154
Interim trustee:
Application for order thereon
...................................................................... 13
Letters, etc.:
Order for re-direction (section 28)
............................................................... 111
Meetings:
General meeting:
Affidavit of postage of notices
.................................................................... 33
Certificate of postage of notices
.................................................................. 34
List of creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Memorandum of proceedings at adjourned general meeting: no quorum
......... 38
Notice to creditors of general meeting of creditors
....................................... 29
Notice to creditors of adjourned meeting
..................................................... 32
Notice to bankrupt to attend
........................................................................
35
Other meetings:
List of creditors assembled at
..................................................................... 45
Memorandum of adjournment
..................................................................... 37
Notice (general form)
...........................................................................
...... 40
Notice of, to appoint new trustee
................................................................. 44
Notice to creditors of adjourned meeting
...................................................... 32
Notice to creditors to remove trustee and to fill vacancy
............................... 43
Order of court for general meeting of creditors
............................................ 39
Petition:
Adjournment of
...........................................................................
............... 22
Affidavit of justification
...........................................................................
... 21
Affidavit of service

...........................................................................
......... 14
Affidavit of truth of statements in petition
.................................................... 11
Affidavit of truth of statements in joint petition
............................................. 12
Allocatur for costs of debtor's petition
......................................................... 144
Bond on stay of proceedings, security, etc.
.................................................. 19
Creditor's bankruptcy petition on failure to comply with a statutory
demand for a liquidated sum payable immediately
........................................................
10
Creditor's bankruptcy petition on failure to comply with a statutory
demand for a liquidated sum payable at a future date
...................................................
10A
Creditor's bankruptcy petition where execution or other process on a
judgment has been returned in whole or part
............................................................
10B
Bankruptcy petition for default in connection with voluntary arrangement
...... 10C
Creditor's petition (section 112)
................................................................... 134
Criminal bankruptcy petition
........................................................................
10D
Debtor's bankruptcy petition
....................................................................... 3
Dismissal of
...........................................................................
.................... 23
Legal personal representative's petition (section 112)
.................................... 135
Notice by debtor of intention to oppose
........................................................ 17
Notice of sureties
...........................................................................
............ 20
Notice in newspaper of substituted service
.................................................. 15
Order for substituted service
....................................................................... 16
Order to stay proceedings on
...................................................................... 18
Postage of notices:
Affidavit of (general meeting)
..................................................................... 33
Certificate of (general meeting)
.................................................................. 34
Production of documents:
Order under section 30D(1) of the Bankruptcy Ordinance
............................ 157
Order under section 30D(3) of the Bankruptcy Ordinance
............................ 158
Application for order under section 30D(3) of the Bankruptcy Ordinance
...... 159
Application for order under section 30D(1) of the Bankruptcy Ordinance
...... 160
Proof:
Affidavit of
...........................................................................
..................... 46B
By trustee in prior bankruptcy
..................................................................... 47
Form of
...........................................................................
.......................... 46A
Form of, for debt of employees
................................................................... 48
Notice of rejection
...........................................................................
.......... 49
Proxies:
General
...........................................................................
.......................... 50
Special
...........................................................................
........................... 51
Public examination:
Application by Official Receiver or trustee for order fixing
........................... 52
Appointment of shorthand writer
................................................................. 55
Declaration by shorthand writer
.................................................................. 56
Memorandum of
...........................................................................
............. 62
Notes of shorthand writer if appointed
......................................................... 57
Notes where shorthand writer not appointed
................................................ 58
Notice of day for proceeding with (local newspaper)
.................................... 54
Order appointing time for
...........................................................................
. 53
Order of adjournment
...........................................................................
...... 59
Order that examination concluded
............................................................... 63
Register:
Of assignment of book debts
.......................................................................
117
Release:
Application by trustee for
...........................................................................
153
Notice to creditors of intention to apply for
.................................................. 152
Statement to accompany application for release
........................................... 137
Request:
To deliver bill for taxation
...........................................................................
143
Salary or income:
Notice of application for income payment order (section 43E)
....................... 118
Order for income claimed under section 43E(3)(a) of the Bankruptcy
Ordinance..................................................................
..............................
120
Order for income claimed under section 43E(3)(b) of the Bankruptcy
Ordinance
...........................................................................
....................
121
Shorthand writer:
Appointment of
...........................................................................
............... 55
Declaration by
...........................................................................
................ 56
Special manager:
Affidavit by
...........................................................................
.................... 151
Statement:
Of affairs for a person who does not carry on business
................................ 28A
Of affairs for a person who carries on business
........................................... 28B
Statement of Affairs (debtor's petition)
........................................................ 28C
Of accounts under section 88
...................................................................... 150
To accompany application for release
.......................................................... 137
Statutory Demand:
Application to set aside a statutory demand
.................................................. 155
Order setting aside a statutory demand
........................................................ 156
Affidavit in support of application to set aside statutory demand
.................... 161
Statutory Demand-Debt for liquidated sum payable immediately following a
judgment or order of the court
..................................................................
162
Statutory Demand-Debt for liquidated sum payable immediately
.................... 163
Statutory Demand-Debt payable at future date
............................................ 164
Subpoena:
Summons under section 29
.........................................................................
112
Taxation:
Allocatur for costs of debtor's petition
......................................................... 144
Request to deliver bill for
...........................................................................
. 143
Title:
General title
...........................................................................
.................... 1
Voluntary Arrangement:
Affidavit in support of application for interim order
....................................... 166
Application for interim order
.......................................................................
165
Alternative orders to be made at hearing to consider chairman's report
.......... 67
Interim order of court under section 20 of the Bankruptcy Ordinance
............ 65
Interim order of court under section 20 of the Bankruptcy Ordinance-
One-stage procedure
...........................................................................
....
168
Notice to intended nominee
.........................................................................
167
Order granting stay pending hearing of application for interim order
............... 64
Order extending effect of interim order
....................................................... 66
Proxy (individual voluntary arrangement)
..................................................... 169
Warrant:
Against debtor about to quit Hong Kong, etc.
............................................... 110
Of committal for contempt
..........................................................................
105
Of seizure
...........................................................................
...................... 109
Order for production for examination of person apprehended under warrant
under section 29
...........................................................................
...........
116
Search warrant
...........................................................................
............... 108
To apprehended persons summoned under section 29
................................... 115
(L.N. 81 of 1998; L.N. 125 of 2007)

FORMS

FORM 1 [rule 7]

GENERAL TITLE

In the Court of First Instance of Hong Kong.

In Bankruptcy.

No. of .

Re [JAMES BROWN].

Ex parte [here insert the Debtor, or J.S., a Creditor, or the Official
Receiver, or the Trustee]
(25 of 1998 s. 2)

___________________

FORM 2

(Repealed L.N. 81 of 1998)

___________________

FORM 3 [rule 50]

DEBTOR'S BANKRUPTCY PETITION

(Title.)

(a) Insert full name(s), address(es), occupation, trade or profession and
Hong Kong Identity Card No. (if any) or number and issuing country of any
passport of debtor.
(b) Insert in full any other name(s) by which the debtor is or has been
known.

(c) Insert former address or addresses at which the debtor may have
incurred debts or liabilities still unpaid or unsatisfied.

(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.

(e) Insert any former trading name(s) (adding "with another or others",
if this is so), business address(es) and nature of the business in respect
of which the debtor may have incurred debts or liabilities still unpaid or
unsatisfied.

(f) Delete as applicable. I, (a) _________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________ ,
[also known as (b) _________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately residing at (c) _____________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and carrying on business as (d) ________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
[and lately carrying on business as (e) ____________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
________________________________________________________
_______________________________________________________ ]
request the court that a bankruptcy order be made against me and say as
follows-

1. I am domiciled in Hong Kong/personally present in Hong Kong on the date
of presentation of this petition/have within 3 years immediately preceding
the presentation of this petition (f) [resided at] [carried on business
at] ______________________________________________________
within Hong Kong.

2. I am unable to pay my debts.

3. A statement of my affairs is filed with this petition.

Dated this day of .

Signature of witness. ______________________________

Complete only if petition not heard immediately. ENDORSEMENT

This petition having been presented to the court on _______________ ,
it is ordered that the petition shall be heard as follows-

Date ____________________________________________________
Time ______________________________ hours
Place ____________________________________________________

Registrar.
(L.N. 81 of 1998)

___________________

FORM 4-9

(Repealed L.N. 81 of 1998)

___________________

FORM 10 [rule 50]

CREDITOR'S BANKRUPTCY PETITION ON FAILURE TO
COMPLY WITH A STATUTORY DEMAND FOR A
LIQUIDATED SUM PAYABLE IMMEDIATELY

(Title.)

(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.)

(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.)

(k) Insert name of debtor.
I/We, (a) ____________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c)_________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e) ____________________________________
_______________________________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say as follows-

1. The debtor is domiciled in Hong Kong/personally present in Hong Kong on
the date of presentation of this petition/has within 3 years immediately
preceding the presentation of this petition (g) [resided at] [carried on
business at] _____________________________________
_______________________________________________________ within Hong Kong.
2. The debtor is justly and truly indebted to me[us] in the aggregate sum
of $(h) __________ .

3. The above mentioned debt is for a liquidated sum payable immediately
and the debtor appears to be unable to pay it.

4. On (i) _________________________ judgment was obtained in
___________________ Court on an action the short title and reference to
the record whereof is Number __________ in the sum of $ __________
following which execution was issued in the ___________ court in respect
of the debt and on (j) _____________________ the bailiff [made a return]
[endorsed upon the writ a statement] to the effect that the execution was
unsatisfied (g) [as to the whole] [as to part] and the above-mentioned
debt represents the amount by which the execution was returned unsatisfied.

5. I/We do not, nor does any person on my/our behalf, hold any security on
the debtor's estate, or any part thereof, for the payment of the
above-mentioned sum.

or,

I/We hold security for the payment of (g) [part of] the above-mentioned
sum. I/We will give up such security for the benefit of all the creditors
in the event of a bankruptcy order being made.

or,

I/We hold security for the payment of part of the above-mentioned sum and
I/We estimate the value of such security to be $ . This
petition is not made in respect of the secured part of my/our debt.

ENDORSEMENT

This petition having been presented to the court on .______________ , it
is ordered that the petition shall be heard as follows-

Date __________________________________________________
Time ___________________________ hours
Place _________________________________________________

and you, the above-named (k) ________________ are to take notice that if
you intend to show cause against the petition you must file with the
Official Receiver a notice showing the grounds upon which you intend to
show cause, and post a copy of the notice to the petitioner or his
solicitor, in each case 3 days before the day on which the petition is to
be heard.

Registrar.
(L.N. 81 of 1998)

___________________

FORM 10C [rule 50]

BANKRUPTCY PETITION FOR DEFAUT IN CONNECTION
WITH VOLUNTARY ARRANGEMENT

(Title.)

(a) Insert full name(s) and address(es) of petitioner(s).
(b) Insert full name, place of residence, occupation (if any), Hong Kong
Identity Card No. (if any) or number and issuing country of any passport
of debtor (If known).
(c) Insert in full any other name(s) by which the debtor is or has been
known.
(d) Insert trading name (adding "with another or others", if this is so),
business address and nature of business.
(e) Insert any other address or addresses at which the debtor has resided
at or after the time the petition debt was incurred.
(f) Give the same details as specified in note (d) above for any other
businesses which have been carried on at or after the time the petition
debt was incurred.
(g) Delete as applicable.
(h) Insert date the debtor entered into voluntary arrangement.
(i) Insert name of nominee.
(j) Give details of the default in connection with the voluntary
arrangement, being the grounds under section 20L of the Bankruptcy
Ordinance (Chapter 6) upon which the bankruptcy order is sought. I/We, (a)
____________________________________________
______________________________________________________
______________________________________________________ ,
petition the court that a bankruptcy order may be made against (b) _____
______________________________________________________
______________________________________________________
[also known as (c) ________________________________________
______________________________________________________
______________________________________________________ ]
[and carrying on business as (d) _______________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately residing at (e) ____________________________________
______________________________________________________
_______________________________________________________
______________________________________________________
______________________________________________________ ]
[and lately carrying on business as (f) __________________________
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________ ]
and say-

1. That the debtor has within 3 years immediately preceding the
presentation of this petition (g) [resided at] [carried on business at]
______ _______________________________________________________ within Hong
Kong.

2. On (h) ______________ a voluntary arrangement proposed by the
debtor was approved by his creditors and I am (g) [a person who is for the
time being bound by the said voluntary arrangement and (i) _________ is
the nominee] [(i) __________________ the nominee of the said voluntary
arrangement].

3. (j)

Dated this day of .

Signature of witness. _______________________

ENDORSEMENT

This petition having been presented to the court on ____________ , it is
ordered that the petition shall be heard as follows-

Date __________________________________________________
Time ___________________________ hours
Place __________________________________________________

Registrar.
(L.N. 81 of 1998)

___________________

FORM 10D [section 9; rule 56]

CRIMINAL BANKRUPTCY PETITION

In the Court of First Instance.
In Bankruptcy.
(Title.)

(a) Insert name and Hong Kong Identity Card No. or number and issuing
country of any passport of debtor.
b) Insert present address and description of debtor.
(c) Insert address or addresses at which the debtor has lately resided or
carried on business.

*Where it is the Official Petitioner who is the petitioner, this
attestation is not required. I, the Official Petitioner [or, I C.D.,
of ] [or, We, C.D., of and E.F., of ],
hereby petition the court that a bankruptcy order may be made in respect
of the estate of A.B.(a) of (b) and lately
residing at [or carrying on business at (c) ] and say-

1. That a criminal bankruptcy order was made against the said A.B. in
the Court on the day of , and that an
office copy of the said order is annexed to this petition.

2. That the said order remains in force.

or,

That the said order was amended by the Court of Appeal on the
day of ; that an office copy of the order of the Court
of Appeal is annexed to this petition; and that the said order as amended
by the Court of Appeal remains in force.

3. That according to the said criminal bankruptcy order the said A.B. is
indebted to [insert the names of the persons specified in the order as
having suffered loss or damage] in the aggregate sum of $
[set out the amount of the loss or damage suffered as specified in the
criminal bankruptcy order].

Date this day of .

(Signed) Official Petitioner
C.D.
E.F.
(as the case may be).
[Signed by the petitioner*
in my presence.]

Signature of witness.

Address.

Description.
__________________________________________________________
NOTE.-If there be more than one petitioner, and they do not sign together,
the signature of each must be separately attested, e.g., "Signed be the
petitioner E.F. in my presence". If the petition is signed by a firm, the
partner signing should add also his own signature, e.g., "A.S. & Co. by
J.S., a partner in the said firm."

___________________

ENDORSEMENT

This petition having been presented to the court on the day
of , it is ordered that this petition shall be
heard at on the day of
, at o'clock in the noon.

And you, the said A.B., are to take notice that if you intend to show
cause against the petition you must file with the Registrar of this Court
a notice specifying the statements which you intend to deny or dispute,
and send by post a copy of the notice to the petitioner and his solicitor,
if known, not later than 3 days before the day fixed for the hearing.
(L.N. 153 of 1979; L.N. 81 of 1998; 25 of 1998 s. 2)

___________________

FORM 11 [section 9; rule 56]

AFFIDAVIT OF TRUTH OF STATEMENTS IN PETITION

(Title.)

I, the petitioner named in the petition hereunto annexed make oath and
say-

That the several statements in the said petition are within my own
knowledge true.

Sworn at, etc.

(Signature)
___________________________________________________________________
NOTE-If the petitioner cannot depose that the truth of all the several
statements in the petition is within his own knowledge he must set forth
the statements the truth of which he can depose to and file a further
affidavit by some person or persons who can depose to the truth of the
remaining statements.

___________________

FORM 12 [section 9; rule 56]

AFFIDAVIT OF TRUTH OF STATEMENTS IN JOINT PETITION

(Title.)

We, C.D., E.F., G.H., etc., the petitioners named in the petition hereunto
annexed, severally make oath and say-

And first I the said C.D. for myself say-

1. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.

2. That A.B. has within 3 years before the date of the presentation of the
petition ordinarily resided [or carried on business] at

And I the said E.F. for myself say-

3. That A.B. is justly and truly indebted to me in the sum of $ as
stated in the said before-mentioned petition.

And I the said G.H. for myself say-

4. That A.B., is, etc.

C.D.

E.F.

G.H.

Sworn by the deponents C.D., E.F.,
and G.H., etc.

(See note to last form.)
(L.N. 81 of 1998)

___________________

FORM 13 [section 13; rule 61]

APPLICATION FOR INTERIM TRUSTEE

(Title.)

I, C.D., of, , do, on the grounds set forth in the annexed affidavit,
apply to the court to appoint the Official Receiver as interim trustee of
the property of the said A.B., and [here insert any special directions to
the interim trustee that may be desired].

Dated this day of .

(Signed) C.D.

_____________________

ORDER THEREON

Upon reading this application and the affidavit therein referred to, and
hearing it is ordered that upon a deposit of $100 being lodged by the
applicant the Official Receiver be thereupon constituted interim trustee
of the property of the said A.B., [here insert nature, short description
and locality of the property, and special directions, if any].

Dated this day of .

Registrar.

(G.N.A. 124 of 1955; L.N. 125 of 2007)

___________________

FORM 14 [rule 59]

AFFIDAVIT OF SERVICE OF PETITION

(Title.)

In the matter of a petition dated

I, L.M., of , make oath and say-

1. That I did, on day the day of , serve the above-mentioned A.B.
[or the partners in the above-mentioned firm of ] with a copy of the
above-mentioned petition, duly sealed with the seal of the court, by
delivering the same personally to the said A.B. [or C.D., a partner, or
E.F., a person having at the time of service the control and management of
the partnership business there or of the business carried on under the
above-mentioned name or style] at* [place] before the hour of in the
noon.

2. A sealed copy of the said petition is hereunto annexed.

Sworn at, etc.
L.M.
___________________________________________________________________
*NOTE-If the service is effected on a person having at the time of service
the control and management of the partnership business, the affidavit
must, after the description of the place of service, contain the words
"being the principal place of business of the said "

___________________

FORM 15 [rule 48]

SUBSTITUTED SERVICE OF PETITION

NOTICE IN NEWSPAPER

(Title.)

(a) Add this in case of petition. In the matter of a bankruptcy petition
filed the day of .

Take notice that a bankruptcy petition has been presented against you
by of and the court has ordered that the sending of a sealed copy
of the petition together with a sealed copy of the order for substituted
service by registered post addressed to and/or the publication of
this notice in the newspapers shall be deemed to be service of the
petition upon you; (a) and further take notice that the said petition will
be heard at the court on the day of at o'clock in the noon, on
which day you are required to appear, and if you do not appear the court
may make a bankruptcy order against you in your absence.

The petition may be inspected by you on application at the court.

Dated this day of .
Registrar.
To A.B.
(L.N. 81 of 1998)

___________________

FORM 16 [rule 48]

ORDER FOR SUBSTITUTED SERVICE OF A PETITION

(Title.)

In the matter of a bankruptcy petition filed the day of .

Upon the application of and upon reading the affidavit of of in
the of .

It is ordered that the sending of a sealed copy of the above-mentioned
petition together with a sealed copy of this order by registered post
addressed to at and/or by publication in the newspapers of
the presentation of such petition and the time and place fixed for hearing
the petition shall be deemed to be good and sufficient service of the said
petition on the said on the day of completing such posting or
publication as aforesaid.

Dated this day of .

Registrar.
(L.N. 81 of 1998)

___________________

FORM 17 [rule 68]

NOTICE BY DEBTOR OF INTENTION TO OPPOSE PETITION

(Title.)

In the matter of a bankruptcy petition presented against me on
the day of , by C.D. of [or and E.F. of , G.H. of , etc.]

I, the above A.B., do hereby give you notice that I intend to show cause
against the petition and that I intend to dispute the petitioning
creditor's debt [or to contend that , or as the case may be.]

Dated this day of .

To the Official Receiver, and to C.D. [petitioning creditor].
(L.N. 81 of 1998)

___________________

FORM 18 [rule 80]

ORDER TO STAY PROCEEDINGS ON PETITION

(Title.)

In the matter of a bankruptcy petition against A.B.
of .

Upon the hearing of this petition this day, and the said A.B. appearing
and denying that he is indebted to the petitioner [where petition
presented by more than one creditor, add the name of the creditor whose
debt is denied] in the sum stated in the petition [or alleging that he is
indebted o the petitioner in a sum of a less amount than $10000, or
alleging that he is indebted to C.D., one of the petitioners, in a sum
less than the sum stated to be due from him in the petition] it is ordered
that the said A.B. shall within days enter
into a bond in the penal sum of [ the amount of the alleged debt and
probable costs, or such other sum as the court may direct] with such 2
sufficient sureties as the court shall approve to pay [or deposit with the
Official Receiver the sum of as security for the
payment of] such sum or sums as shall be recovered against the said A.B.
by C.D. the petitioner [or one of the petitioners] in any proceeding taken
or continued by him against the said A.B., together with such costs as
shall be given by the court.

And it is further ordered that, upon the said A.B. entering into the bond
aforesaid, all proceedings on this petition shall be stayed until after
the court shall have come to a decision on the proceedings.

Dated this day of .

Registrar.
(G.N.A. 124 of 1955; L.N. 81 of 1998)

___________________

FORM 19 [rules 13, 80]

BOND ON STAY OF PROCEEDINGS, SECURITY, ETC.

(Title.)

Know all men by these presents, that we, A.B. of etc. and C.D. of etc. and
E.F. of etc. are jointly and severally held and firmly bound to L.M. of
etc. in dollars to be paid to the said L.M., or his certain attorney,
executors, administrators or assigns, for which payment to be made we bind
ourselves and each and every of us, our and each of our heirs, executors
and administrators, jointly and severally, firmly by these presents.

Sealed with our seals, and dated this day of and .

Whereas a bankruptcy petition against the said A.B. having been presented
to the court he did appear at the hearing of the said petition and deny
that he was indebted to the petitioner [or to one or more of the
petitioners], [or allege that he was indebted to the petitioner in the sum
of dollars only or as the case may be].

Now, therefore, the condition of this obligation is such that if the
above-bounden A.B., or the said C.D. or E.F., shall on demand well and
truly pay or cause to be paid to L.M., his attorney or agent, such sum or
sums as shall be recovered against the said A.B. by any proceedings taken
or continued within 21 days from the date hereof in any competent court by
the said L.M. for the payment of the debt claimed by him in the said
petition, together with such costs as shall be given to the said L.M. by
such court [or whatever the condition of the bond is] this obligation
shall be void, otherwise it shall remain in full force.

A.B. (L.S.)

C.D. (L.S.)

E.F. (L.S.)

Signed, sealed and delivered by the above-bounden in
the presence of
___________________________________________________________________________
NOTE - If a deposit of money be made the memorandum should follow the
terms of the conditions of the bond. This form may be adapted to other
cases.
(L.N. 125 of 2007)

___________________

FORM 20 [rule 18]

NOTICE OF SURETIES

(Title.)

In the matter of a bankruptcy petition of

Take notice that the sureties whom I propose as my security in the above
matter [here state the proceeding which has rendered the sureties
necessary] are [here state the full names and descriptions of the sureties
and their residences for the last 6 months, therein mentioning the
district or city, places, streets and numbers, if any].

Dated this day of .

(Signature)

To the Registrar
and to L.M. of
(L.N. 81 of 1998)

___________________

FORM 21 [rule 19]

AFFIDAVIT OF JUSTIFICATION

(Title.)

In the matter of a bankruptcy petition against A.B. of .

I, E.F., of , one of the sureties for make oath and say-

1. That I am a householder [or as the case may be], residing
[describing particularly the street or place and the number of the house,
if any].

2. That I am worth property to the amount of $ [the amount required]
over and above what will pay my just debts [if security in any other
action or for any other purpose, add and every other sum for which I am
now security].

3. That I am not bail or security in any other matter, action or
proceedings, or for any other person [or if security in any other action
or actions, add except for C.D., at the suit of E.F., in the Court of
First Instance in the sum of $ ; for G.H., at the suit of I.K., in the
Court of First Instance in the sum of $ specifying the several actions
or matters, and courts, and the sums in which he has become bound).

4. That my property, to the amount of the said sum of $ [and if
security in any other action, etc. over and above all other sums for which
I am now security as aforesaid], consists of [here specify the nature and
value of the property in respect of which the deponent proposes to become
bondsman as follows, stock in trade, in my business of carried on by me
at of the value of $ of good book debts owing to me to the amount of
$ , of furniture in my house at of the value of $ , of
leasehold property of the value of $ , situate at ., or of
other property, particularizing each description of property, with the
value thereof].

5. That I have for the last 6 months resided at [describing the
place of such residence, or if he has had more than one residence during
that period, state in the same manner as above directed].

Sworn at, etc.

E.F.
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2)

___________________

FORM 22

ADJOURNMENT OF PETITION

(Title.)

Upon the hearing of the petition this day, and hearing for the
petitioner and for the debtor and the Official Receiver, and
reading it is ordered that the further hearing of this petition be

adjourned until the day of , at o'clock in the noon.

Dated this day of .

Registrar.
___________________

FORM 23

DISMISSAL OF PETITION

(Title.)

In the matter of a bankruptcy petition filed the [date].

Upon the hearing of this petition this day, and upon reading
and hearing and the Official Receiver it is ordered that this petition
be dismissed [and that the petitioner do pay to the said A.B. the taxed
costs thereof].

Dated this day of .

Registrar.
___________________

FORM 24

ORDER RESTRAINING ACTION, ETC. BEFORE BANKRUPTCY ORDER

(Title.)

Upon the application of and upon reading it is ordered that L.M. of
shall be restrained from taking any further proceedings in the action
brought by him [or upon the judgment recovered or obtained by him] against
the said A.B. in [here state the number of the action] [or it is ordered
that the proceedings in the action (or suit) brought by him against the
said A.B. in (here state the number of the action) may be proceeded with
on (here insert the terms fixed by the court)].

Dated this day of .
Registrar.
(L.N. 81 of 1998)

___________________

FORM 25 [section 12; rule 72A(3)]

BANKRUPTCY ORDER ON DEBTOR'S PETITION

(Title.)

On the petition of the debtor himself, filed the day of , , a
bankruptcy order is hereby made against A.B. [insert name, addresses and
descriptions of debtor as set out in petition], and the Official Receiver
hereby becomes the provisional trustee of the estate of the said debtor.

Dated this day of .

Registrar.
___________________________________________________________________________
NOTE - The above-named debtor is required after the service of this order
upon him to attend the trustee at such time and place as the trustee may
specify.

______________________

ENDORSEMENT ON ORDER

The name and address of the solicitor (if any) to the debtor are [insert
name and address].
(L.N. 46 of 1964; L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 26 [sections 12, 72A(3); rules 69, 75]

BANKRUPTCY ORDER ON CREDITOR'S PETITION

(Title.)

On the petition dated the day of of J.S., of and a creditor,
filed the [insert date], and on reading and hearing

It is ordered that A.B. [insert name, addresses and descriptions of debtor
as set out in petition] be adjudged bankrupt and the Official Receiver
hereby becomes the provisional trustee of the estate of the said debtor.

Dated this day of .

Registrar.
___________________________________________________________________________
NOTE.-The above-named debtor is required, after the service of this order
upon him, to attend the trustee at such time and place as the trustee may
specify.

___________________

ENDORSEMENT ON ORDER

The name and address of the solicitor to the petitioning creditor are
[insert name and address].
(G.N.A. 124 of 1955; L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 27 [section 78(1)(f); rule 78]

NOTICE OF BANKRUPTCY ORDER, ETC. (for local newspaper)

(Title.)

Bankruptcy order made
...........................................................................
.........................

Note. -All debts due to the estate should be paid to the trustee.

Official Receiver.

Dated this day of .
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 28

(Repealed L.N. 22 of 1995)

___________________

FORM 28A Page 1

IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
NO. of .

(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address.

(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address Name: _______________________________________

STATEMENT OF AFFAIRS
(Individual, i.e. non-trading)

Please show your financial position as at the date of the Bankruptcy Order
by completing all the pages of this form and the attached lists, A, B and
C as are applicable, which will then be your Statement of Affairs. You are
also required to specify in the relevant list whether or not there is a
dispute about any amount due to or by you and, if so, to supply details in
a separate sheet which should be signed and attached as part of your
Statement of Affairs.
___________________________________________________________

AFFIDAVIT OR AFFIRMATION (you need to complete either the affidavit at
(i) below or the affirmation at (ii) overleaf, but not both.)
(i) Affidavit
This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form

I (a) _______________________________________________________
___________________________________________________________
of (b) ______________________________________________________
___________________________________________________________

Make oath and say that the attached lists exhibited hereto and marked
_______ are to the best of my knowledge and belief a full, true and
complete statement of my affairs as at ______________________________ the
date of the Bankruptcy Order made against me.

Sworn at ____________________
Date _______________________ Signature __________________
Before me ____________________
___________________________________________________________

A Solicitor or Commissioner of Oaths or Duly authorised officer

Before swearing the affidavit the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the Deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it is refused by the court, and
will need to be re-sworn.

(Please see overleaf for the Affirmation)
Page 2

(ii) Affirmation

This Affirmation must be made before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form

Solemnly and sincerely affirm that the attached lists exhibited hereto and
marked ___________________ are to the best of my knowledge and belief a
full, true and complete statement of my affairs as at __________________
the date of the Bankruptcy Order made against me.

Affirmed at ___________________
Date ________________________ Signature __________________
Before me ____________________
___________________________________________________________

A Solicitor or Commissioner of Oaths or Duly authorised officer

Before making the affirmation the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the Deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affirmation
in any of the above respects will mean that it is refused by the court,
and will need to be re-affirmed.

SUMMARY OF STATEMENT OF AFFAIRS
List
Reference Particulars Amount
$
ASSETS
A (1) Various assets
B (2) Excess value of assets pledged as security to creditors fully secured
(3) Total Assets, i.e. total of items (1) and (2) above
LIABILITIES
B (4) Secured creditors (net of security)-i.e. after deducting the amount
of the security
C (5) Unsecured creditors
(6) Total Liabilities, i.e. total of items (4) and (5) above
(7) Surplus/(Deficiency), i.e. total assets in item (3) less total
liabilities as in item (6) $
_________

Signature _________________________ Date _____________________

LIST A

VARIOUS ASSETS
Please detail all your assets which may be of value (if necessary, use the
space in section (j) below to provide details in respect of any of the
items at (a) to (i) below; and/or attach additional sheet(s) if the space
in section (j) is not adequate;
and complete item (k) below). Estimated to produce
$
(a) Cash at bank ______________________________________
(specify the name of the bank(s) and all account numbers) _______________
(b) Land and buildings ____________________ Cost $ ________
(location and address) _______________
(c) Household furniture and belongings ______________________

(d) Life assurance policies _______________________________
(policy number(s) and insurance companies) _______________

_______________
(e) Money owed to you _________________________________
(please provide name and address of debtor and nature of debt)
_______________
(f) Investments in stocks and shares _____________ Cost $ ____
(please provide details) _______________
(g) Motor vehicles ________________________ Cost $ _______
(please provide details) _______________
(h) Sums due to you from the estate of a deceased person _______
(please provide details) _______________
(i) Any other assets ____________________________________ _______________
(j) Supplementary Information (specify here also, if applicable, the
particulars of any property held by or in the name of
*husband/*wife/*concubine) or under any alias or in a t'ong name or in
trust for you)
________________________________________________

_______________
________________________________________________ _______________
________________________________________________ _______________

________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________ _______________
________________________________________________
Show the total under "Assets", item (1) in the Summary of Statement of
Affairs $
(k) *_________ additional sheets are attached/No additional sheets
(specify no.) are attached.*

Signature ______________________ Date ______________________

(*delete the inapplicable words)

LIST B

SECURED CREDITORS (either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS
Yes No
Does any creditor of yours hold or claim any item(s) of your property? □ □
If 'YES' give details below: _________________________________________︳ ｜
｜
(i)

No. (ii)

Name of creditor or claimant (iii)

Address (iv)

Amount owed to creditor (v)

Specify the asset being held or claimed or pledged as security (vi)

Date when security given (vii)

Estimated
when of the asset in column (v)
$ (viii)

Estimated excess i.e. (vii) less (iv)

$ (ix)

Net
indebted-ness i.e. (iv) ;less (vii)
$
1. ............... ............. ............ ................ ............
............... .............. ..............
2. ............... ............. ............ ................ ............
............... .............. ..............
3. ............... ............. ............ ................ ............
............... .............. ..............
4. ............... ............. ............ ................ ............
............... .............. ..............
5. ............... ............. ............ ................ ............
............... .............. ..............
6. ............... ............. ............ ................ ............
............... .............. ..............
7. ............... ............. ............ ................ ............
............... .............. ..............
8. ............... ............. ............ ................ ............
............... .............. ..............
9. ............... ............. ............ ................ ............
............... .............. ..............
10. ............... ............. ............ ................ ............
............... .............. ..............
11. ............... ............. ............ ................ ............
............... .............. ..............
12. ............... ............. ............ ................ ............
............... .............. ..............
13. ............... ............. ............ ................ ............
............... .............. ..............
14. ............... ............. ............ ................ ............
............... .............. ..............
15. ............... ............. ............ ................ ............
............... .............. ..............
Show the total of column (viii) under "Assets", item (2) in the Summary of
Statement of Affairs $ $

Show the total of column (ix) under "Liabilities", item (4) in the Summary
of Statement of Affairs $

Signature _______________________ Date __________________

LIST C

UNSECURED CREDITORS

(i)

No. (ii)

Name of creditor
or claimant (iii)

Address (iv)
Amount the
creditor
claims you
owe him/her
$ (v)
Amount you consider as
owed to the creditor
$
1. .............................. ....................................
........................... ......................
2. .............................. ....................................
........................... ......................
3. .............................. ....................................
........................... ......................
4. .............................. ....................................
........................... ......................
5. .............................. ....................................
........................... ......................
6. .............................. ....................................
........................... ......................
7. .............................. ....................................
........................... ......................
8. .............................. ....................................
........................... ......................
9. .............................. ....................................
........................... ......................
10. .............................. ....................................
........................... ......................
11. .............................. ....................................
........................... ......................
12. .............................. ....................................
........................... ......................
13. .............................. ....................................
........................... ......................
14. .............................. ....................................
........................... ......................
15. .............................. ....................................
........................... ......................
Show the total of column (v) under "Liabilities", item (5) in the Summary
of Statement of Affairs

Signature _______________________ Date _____________________

(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)

___________________

FORM 28B Page 1

IN THE COURT OF FIRST INSTANCE OF HONG KONG
IN BANKRUPTCY
No. of .

Full Name :__________________________
Hong Kong Identity Card No. :__________________________
Trading as :__________________________

STATEMENT OF AFFAIRS

Please complete this Statement of Affairs and such of the attached lists
A, B, C, D and E as are applicable in order to show the state of your
affairs on the day on which the Bankruptcy Order was made against you,
viz., the __________ day of ___________________ .You are also required to
specify in the relevant list whether or not there is a dispute about any
amount due to or by you and, if so, to supply details in a separate
schedule which should be signed and attached as part of your Statement of
Affairs. Such completed schedules will constitute your Statement of
Affairs, and must be verified by oath, declaration or affirmation (please
see note below).
List
Reference
Particulars Amount
$
ASSETS
A (1) Various assets
B (2) Debts receivable
C (3) Excess value of assets pledged as security to creditors fully secured
(4) Total Assets, i.e. total of items (1) to (3) above
LIABILITIES
D (5) Claims and amounts due to employees and Government departments
C (6) Secured creditors (net of security)-i.e. after deducting the amount
of the security
E (7) Unsecured creditors and other liabilities (including contingent
liabilities)
(8) Total Liabilities, i.e. total of items (5) to (7) above
(9) Surplus/(Deficiency), i.e. total assets as in item (4) less total
liabilities as in item (8) above $
___________

Continued Overleaf/....

Page 2

AFFIDAVIT OR AFFIRMATION-(The format is set out below and you need to
complete either the affidavit at (i) or the affirmation at (ii), but not
both.)

Before swearing the affidavit or making the affirmation, the Solicitor or
Commissioner is particularly requested to make sure that the full name,
address and description of the Deponent are stated, and to initial any
crossings-out or other alterations in the printed form. A deficiency in
the affidavit/affirmation in any of the above respects will mean that it
is refused by the court, and will need to be re-sworn.

(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address (i) Affidavit

This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form

I (a) ___________________________________________________
______________________________________________________
of (b) __________________________________________________
______________________________________________________

Make oath and say that the foregoing Statement and attached lists
exhibited hereto and marked _____________ are to the best of my knowledge
and belief a full, true and complete statement of my affairs as at
____________ the date of the Bankruptcy Order made against me.

Sworn at _________________.
Date ____________________ Signature __________________
Before me ________________

(a) Insert full name, Hong Kong Identity Card No. and Occupation
(b) Insert full address
(ii) Affirmation

This Affirmation must be made before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorised to administer oaths when you
have completed the rest of this form

Solemnly and sincerely affirm that the foregoing Statement and attached

lists exhibited hereto and marked _________________ are to the best of my
knowledge and belief a full, true and complete statement of my affairs as
at _________________ the date of the Bankruptcy Order made against me.

Affirmed at ._______________
Date _____________________ Signature __________________
Before me _________________

LIST A

VARIOUS ASSETS

Full particulars of every description of assets not included in any other
lists should be specified in this list. If the space allotted to items (a)
to (j) below is not adequate, please provide the requisite information by
attaching additional schedule(s) and completing item (l) below.

Particulars Estimated to produce
$
(a) Cash at bank
(Please specify the name(s) of the bank(s) and all account numbers)
_______________________________
_______________________________
_______________________________
_______________________________ _______________
_______________
_______________
_______________
(b) Cash in hand _______________________________ _______________
(c) Cash deposit held by solicitor or any other person
_______________________________
(name of solicitor or person)
_______________
(d) Land and buildings your name or in the name of your
*husband/*wife/
*concubine
(Location and address) _______________ Cost $ .__________

_______________________________
_______________________________
_______________________________
_______________________________ _______________

_______________
_______________
_______________
_______________
(e) Stock in trade _______________ Cost $ __________ _______________
(f) Plant and machinery _______________ Cost $ __________ _______________
(g) Life assurance policies _______________________________
(policy number and insurance company) _______________
(h) Investment in stocks and shares, etc. ________________ Cost $
_________
(Please provide details) _______________
(i) Amount due to you from the estate of a deceased person
_______________________________
(Please provide details)
_______________
(j) Any other assets _______________________________
_______________________________ _______________
_______________
(k) Total (show the total under "Assets" on page 1 of the Statement
of Affairs) $
(l) *________ additional schedule(s) are attached/No additional
schedule(s) are attached.*
(specify no.)

Dated this day of .
(Signature)

(*delete the inapplicable words)

LIST B

DEBTS RECEIVABLE

(i)

No. (ii)

Name
of
debtor (iii)

Address (iv)

Amount
of
debt
$ (v)

Date
when contracted (vi)

Estimated to
produce
$ (vii)
Folio of ledger or other
book where particulars
are to be found (viii)
Nature of debt and particulars of any securities held for debt
1. ............. ............... ............. .................
............... ...................... .......................
2. ............. ............... ............. .................
............... ...................... .......................
3. ............. ............... ............. .................
............... ...................... .......................
4. ............. ............... ............. .................
............... ...................... .......................
5. ............. ............... ............. .................
............... ...................... .......................
6. ............. ............... ............. .................
............... ...................... .......................
7. ............. ............... ............. .................
............... ...................... .......................
8. ............. ............... ............. .................
............... ...................... .......................
9. ............. ............... ............. .................
............... ...................... .......................
10. ............. ............... ............. .................
............... ...................... .......................
11. ............. ............... ............. .................
............... ...................... .......................
12. ............. ............... ............. .................
............... ...................... .......................
13. ............. ............... ............. .................
............... ...................... .......................
14. ............. ............... ............. .................
............... ...................... .......................
15. ............. ............... ............. .................
............... ...................... .......................
Totals (show the total
of column (vi) under
"Assets" on page 1
of the Statement of Affairs)

Dated this day of . (Signature)

Notes: (1) If you are also indebted to any of the above-mentioned
debtor(s), please specify in column (iii) both the amount of your debt due
to the debtor and the amount due from the debtor. The net amount due to
you by the debtor should be inserted in columns (iv) and (vi). If,
however, the amount owed by you to the "debtor" is greater than the amount
that the debtor owes you, do not insert any amount in this list but use
List E for the purpose.
(2) To substantiate the amount of debt, copies of the relevant source
documents should be attached.

LIST C

SECURED CREDITORS (either fully or partly secured)
/EXCESS VALUE OF ASSETS PLEDGED AS SECURITY TO CREDITORS

(i)

No. (ii)

Name
of
creditor
or
claimant (iii)

Address (iv)

Amount owed to creditor
$ (v)

Date
when
contracted (vi)
Particulars
of the asset
being held or claimed or
pledge as
security (vii)

Date
when
security
given (viii)
Estimated value of
the asset
in column
(vi)
$ (ix)

Estimated excess i.e. (viii)
less (iv)
$ (x)

Net indebtedness i.e. (iv) less (viii)
$
1. .......... ............ .......... .............. .................
............ ............. ............. ...............
2. .......... ............ .......... .............. .................
............ ............. ............. ...............
3. .......... ............ .......... .............. .................
............ ............. ............. ...............
4. .......... ............ .......... .............. .................
............ ............. ............. ...............
5. .......... ............ .......... .............. ................. ............ ............. ............. ...............
6. .......... ............ .......... .............. .................
............ ............. ............. ...............
7. .......... ............ .......... .............. .................
............ ............. ............. ...............
8. .......... ............ .......... .............. .................
............ ............. ............. ...............
9. .......... ............ .......... .............. .................
............ ............. ............. ...............
10. .......... ............ .......... .............. .................
............ ............. ............. ...............
11. .......... ............ .......... .............. .................
............ ............. ............. ...............
12. .......... ............ .......... .............. ................
............ ............. ............. ...............
13. .......... ............ .......... .............. .................
............ ............. ............. ...............
14. .......... ............ .......... .............. .................
............ ............. ............. ...............
15. .......... ............ .......... .............. .................
............ ............. ............. ...............
Total amount owed to creditors, i.e. total of column (iv) Total value of
security, i.e. total of column (viii)
Show the total of column (ix) under "Assets" on page 1 of the Statement of
Affairs
Show the total of column (x) under "Liabilities" on page 1 of the
Statement of Affairs

Dated this day of . (Signature)

Note: If the amount due to the fully-secured creditor (as stated in
column (iv) above) is the same as the estimated value of security (as
stated in column (viii) above), please specify a "Nil" amount in columns
(ix) and (x). If any estimated surplus from security as reflected in
column (ix) above is further pledged to any other creditor as partial
security, that surplus should be deleted from column (ix) and shown in
column (viii) for that other creditor instead. Such surplus should then be
deducted from the relevant amount due to that other creditor before
extending the amount to either column (ix) or (x), whichever is
appropriate.

LIST D

CLAIMS AND AMOUNTS DUE TO EMPLOYEES AND GOVERNMENT DEPARTMENTS
(e.g. Wages, Rates, Taxes, etc.)

(i)

No. (ii)

Name of
creditor
or claimant (iii)

Address (iv)

Name of claim (v)

Period during which claim accrued (vi)

Due date
for payment (vii)

Amount of claim
$
1. ................. ................... ......................
...................... ................... ..................
2. ................. ................... ......................
...................... ................... ..................
3. ................. ................... ......................

...................... ................... ..................
4. ................. ................... ......................
...................... ................... ..................
5. ................. ................... ......................
...................... ................... ..................
6. ................. ................... ......................
...................... ................... ..................
7. ................. ................... ......................
...................... ................... ..................
8. ................. ................... ......................
...................... ................... ..................
9. ................. ................... ......................
...................... ................... ..................
10. ................. ................... ......................
...................... ................... ..................
11. ................. ................... ......................
...................... ................... ..................
12. ................. ................... ......................
...................... ................... ..................
13. ................. ................... ......................
...................... ................... ..................
14. ................. ................... ......................
...................... ................... ..................
15. ................. ................... ......................
...................... ................... ..................
Show the total of column (vii) under "Liabilities" on page 1 of the
Statement of Affairs $

Dated this day of . (Signature)

LIST E

UNSECURED CREDITORS AND OTHER LIABILITIES
(INCLUDING CONTINGENT LIABILITIES)

(i)

No. (ii)

Name of creditor
or claimant (iii)

Address
(iv)

Amount
$ (v)

Date when
contracted (vi)

Consideration and the nature of liability
1. ........................... ...................... ................
......................... ...............................
2. ........................... ...................... ................
......................... ...............................
3. ........................... ...................... ................
......................... ...............................
4. ........................... ...................... ................
......................... ...............................
5. ........................... ...................... ................
......................... ...............................
6. ........................... ...................... ................
......................... ...............................
7. ........................... ...................... ................
......................... ...............................
8. ........................... ...................... ................
......................... ...............................
9. ........................... ...................... ................
......................... ...............................
10. ........................... ...................... ................
......................... ...............................
11. ........................... ...................... ................
......................... ...............................
12. ........................... ...................... ................
......................... ...............................
13. ........................... ...................... ................
......................... ...............................
14. ........................... ...................... ................
......................... ...............................
15. ........................... ...................... ................
......................... ...............................
Show the total of column (iv) under "Liabilities" on page 1 of the
Statement of Affairs $

Dated this day of .
(Signature)

Notes: (1) If any creditor is also indebted to you, please
specify in column (iii) both the amount due to the creditor and the amount
owed by the creditor. The net amount due by you to the creditor should be
inserted in column (iv). If, however, the amount owed to you by the
"creditor" is more than the amount that you owe the creditor, do not
insert any amount in this list but use List B for the purpose.
(2) The particulars of any bills of exchange and promissory notes
held by a creditor should be inserted immediately below the name of such
creditor.

(L.N. 22 of 1995; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)

___________________

FORM 28C [section 10(2)]

STATEMENT OF AFFAIRS (DEBTOR'S PETITION)

BANKRUPTCY ORDINANCE (CHAPTER 6)

Note.-These details will be the same as those shown at the top of your
petition.
In the _______________ In Bankruptcy
No. __________ of _________ .

Re ____________________________________________________

Show your current financial position by completing all the pages of this
form which will then be your Statement of Affairs.
_______________________________________________________

AFFIDAVIT

This Affidavit must be sworn before a Solicitor or Commissioner of Oaths
or an officer of the court duly authorized to administer oaths when you
have completed the rest of this form.

(a) Insert full name, occupation, Hong Kong Identity Card No. (if any) or
number and issuing country of any passport.
(b) Insert full address. I, (a)
___________________________________________________
______________________________________________________ ,
of (b) __________________________________________________
_______________________________________________________
_______________________________________________________
Make oath and say that several pages exhibited hereto and marked _______
are to the best of my knowledge and belief a full, true and complete
statement of my affairs at today's date.

Sworn at _________________
Date ____________________ Signature(s) _______________
Before me ________________
______________________________________________________
A Solicitor or Commissioner of Oaths or Duly authorized officer

Before swearing the affidavit, the Solicitor or Commissioner is
particularly requested to make sure that the full name, address and
description of the deponent are stated, and to initial any crossings-out
or other alterations in the printed form. A deficiency in the affidavit in
any of the above respects will mean that it will be refused by the court,
and will need to be re-sworn.

LIST A

SECURED CREDITORS

LIST B

UNSECURED CREDITORS

No. 2

Name of creditor or claimant 3

Address (with postcode) 4
Amount the creditor says you owe him/her
$ 5

Amount you think you owe
$

Signature _______________________________ Date ______________

LIST C1

ASSETS

Do you have any bank accounts or an interest in one?
If 'YES' state where they are, how much is in them and how much is your
share.
Yes
□ No
□

Do you have any business bank accounts, including joint accounts?
If 'YES' state the name of the accounts, where they are and how much is in
them.
Yes
□ No
□

Do you have any bank deposit accounts or an interest in one?
If 'YES' state where they are and how much is in them and how much is your
share.
Yes
□ No
□

Signature _______________________________ Date ______________

LIST C2

ASSETS

Do you have any other savings?
If 'YES' give details.
Yes
□ No
□

Do you use a motor vehicle?
If 'YES' who owns it and what is it worth?
Yes
□ No
□

Have you an interest in any other motor vehicles?
If 'YES' give details and their value.
Yes
□ No
□

Signature _______________________________ Date ______________

LIST C3

ASSETS

Now show anything else of yours which may be of value.
(a) Household furniture and belongings $
(b) Life policies
(c) Money owed to you
(d) Stock in trade
(e) Other property

TOTAL $

Signature _______________________________ Date _________________

LIST D

1. State the name, age (if under 18), and relationship to you of your
dependants.
1 _____________________________ 6 _____________________________
2 _____________________________ 7 _____________________________
3 _____________________________ 8 _____________________________
4 _____________________________ 9 _____________________________
5 _____________________________ 10 _____________________________

2. Has distress been levied against you by or on behalf of any creditor? Yes
□ No
□
If 'YES' give details below-

Name of creditor
Amount of claim $
Date
Distress levied Description and estimated value of property seized

Signature _______________________________ Date _________________

LIST E

3. At the date you present your bankruptcy petition, is any court judgment
or other legal process outstanding against you that has been made by any
court in Hong Kong?
If 'YES' give details below- Yes
□ No
□

Name of creditor
Amount of claim

$ Type and date of process issued Description and estimated value of any property
seized

4. At the date you present your bankruptcy petition, is any income
payments order in force against you?
If 'YES' give details below- Yes
□ No
□

Name of creditor
Date of order

Court Amount of instalment payable under order (per month/week)
$
Total amount paid under order
$
Date order expires (if applicable)

Signature _______________________________
Date _________________

LIST F

5(a) Have you, before you presented your petition, tried to come to any
agreement with your creditors generally for payment of your debts? Yes
□ No
□
(b) If the answer to 5(a) is 'YES', what terms were offered to the
creditors-
(1) time for repayment _____________________________
_____________________________

(2) percentage amount receivable by creditors ____________

(3) when was the offer made? ________________________

(c) Did the attempt fail because the creditors refused to accept the terms
offered?
If 'NO' why did it fail? _______________________________
________________________________________________
________________________________________________
Yes
□ No
□
6. Do you think that you will be able to introduce a voluntary arrangement
for your creditors under the Bankruptcy Ordinance (Chapter 6), which is
likely to be acceptable to them?
If 'YES' give brief details _____________________________
________________________________________________
________________________________________________ Yes
□ No
□
_______________________________________________________________

Signature _______________________________ Date _________________

LIST G

STATEMENT OF MEANS

(List below all items of regular "monthly" income and expenditure)

Items of income

$
Items of expenditure
$

This page shows that I will now be able to pay creditors $ __________ a
month.

Signature _________________ Date _________________

LIST H

STATEMENT OF RECENT AND EXPECTED INCOME

Include in the table below details of your gross income in the past 12
months and your estimated gross income for the next 12 months.

Gross income is the amount of your income before any deductions, including
tax, are made.
Ensure that you include all income details as any details left out may
affect your ability to obtain an early discharge.

Source of Income
Income last 12 months
Estimated income next 12 months
Gross Wages and Salary before income tax is
deducted (including overtime & penalty rates)
˙
˙

$
$

$
$
Drawings from Business if self-employed $ $
Government Pensions, Benefits & Allowances
(Specify type)
˙
˙
˙

$
$
$

$
$
$
Payments from Retirement or Approved
Deposit, Provident Funds (Specify type)
˙
˙

$
$

$
$
Lump Sum payment on termination of employment $ $
Income from deceased estate or trust $ $
Income from Investments (Specify type)
˙Interest
˙Dividends
˙Insurance policies
˙
˙
$
$
$
$
$
$
$
$
$
$
Money from any other allowances, benefits or sources
not mentioned above (Specify source & type)
˙
˙
˙

$
$
$

TOTAL
$
$
(L.N. 81 of 1998)

___________________

FORM 29 [rules 99A & 99D]

NOTICE TO CREDITORS OF GENERAL MEETING OF CREDITORS

(Title.)

(a) Delete as applicable.

(b) Insert relevant section.

(c) Insert date and time by which proxy is to be lodged, which should not
be more than 24 hours before the date fixed for the meeting. A meeting of creditors
has been summoned by the (a) [provisional trustee] [trustee]

(a) [at the request of a creditor under section
(b) of the Bankruptcy Ordinance (Chapter
6)] for the purpose of-

The meeting will be held as follows-

Date __________________________________________________

Time ______________________________ hours

Place __________________________________________________
__________________________________________________

The forms of general and special proxy are enclosed, one of which must be
lodged with me not later than (c) ________________________ to entitle you
to vote by proxy at the meeting (together with a completed proof of debt
form if you have not already lodged one).

Dated this day
of .

Provisional trustee/Trustee

[address]

Note. - Insert any further details which by the nature of the meeting need
to be stated.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 30-31

(Repealed L.N. 81 of 1998)

___________________

FORM 32 [section 17]

NOTICE TO CREDITORS OF ADJOURNED MEETING

(Title.)

Take notice that the meeting of creditors in the above matter held on the
day of at was adjourned to the day of and will accordingly be
held at on the said day at o'clock in the noon.

Agenda

[Insert here nature of business to be transacted]

Dated this day of .

Trustee
(L.N. 125 of 2007)

___________________

FORM 33 [rule 105]

AFFIDAVIT OF POSTAGE OF NOTICES. GENERAL MEETING

(Title.)

(a) Insert here if necessary "adjourned". I, , [insert description],
make oath and say as follows-

1. That I did, on the day of , send to each creditor mentioned in the
bankrupt's statement of affairs, and to the above-named bankrupt, a notice
of the time and place of the (a) general meeting of creditors.

2. That such notices were addressed to the said creditors respectively,
according to their respective names and addresses appearing in the
statement of affairs of the said bankrupt, and also to the said bankrupt at

3. That the post office acknowledgment or the same is hereunto annexed and
marked "A".

Sworn at, etc.

(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 34 [rule 105]

CERTIFICATE OF POSTAGE OF NOTICES. GENERAL MEETING

(Title.)

(a) Insert here if necessary "adjourned". I, , [insert description], hereby certify-

1. That I did, on the day of , send to each creditor mentioned in the
bankrupt's statement of affairs, a notice of the time and place of the (a)
general meeting of creditors.

2. That such notices were addressed to the said creditors respectively
according to their respective names and addresses appearing in the
statement of affairs of the said bankrupt.

3. That the post office acknowledgment for the same is hereunto annexed
and marked "A".

4. That I did on the said day of , send by registered post notice of
the time and place of the said meeting to the said bankrupt, and that such
notice was sent to the following address-

Dated this day of .

(Signature)
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 35 [rule 100]

NOTICE TO BANKRUPT TO ATTEND GENERAL MEETING OF CREDITORS

(Title.)

Take notice that the general meeting of your creditors will be held on
the day of , at o'clock at and that you are required to attend
thereat and submit to such examination and give such information as the
meeting may require. And further, take notice that if you fail to comply
with the requirements of this notice you will be guilty of contempt of
court and may be punished accordingly.

Dated this day of .

Provisional trustee.

the above-named bankrupt.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 36

(Repealed L.N. 81 of 1998)

___________________

FORM 37 [rule 107]

MEMORANDUM OF ADJOURNMENT OF MEETINGS

(Title.)

(a) Here state reason for
adjournment. Meeting held at on the day of , at o'clock.

Memorandum-A meeting of creditors in the above matter was held at the time
and place above-mentioned, and the several proofs of debt lodged were
produced; but it appearing that (a) the meeting was adjourned until
the day of , at o'clock in the noon, then to be held at the same
place.

Chairman.
(L.N. 81 of 1998)

___________________

FORM 38

MEMORANDUM OF PROCEEDINGS AT ADJOURNED GENERAL MEETING
WHERE NO QUORUM

(Title.)

Meeting held at on the day of , at o'clock.

Memorandum.- The adjourned meeting of creditors in the above matter was
held at the time and place above-mentioned, and the several proofs of debt
lodged were produced; but it appearing that there was not a quorum of
creditors qualified to vote present or represented no resolution was
passed, and the meeting was not further adjourned.

Chairman.
(L.N. 81 of 1998)

___________________

FORM 39 [section 17B; rule 100]

ORDER OF COURT FOR GENERAL MEETING OF CREDITORS

(Title.)

Upon the application of C.D., of , it is ordered that the trustee of the
property of the bankrupt [or the provisional trustee] do summon a meeting
of the creditors of the bankrupt to be held at on the day of , at
o'clock in the noon [here state the purpose for which meeting called].

Dated this day of .

Registrar.
(L.N. 125 of 2007)

___________________

FORM 40 [rule 99E]

NOTICE OF MEETING (GENERAL FORM)

(Title.)

[Here insert purpose for which meeting called]
Take notice that a meeting of creditors in the above matter will be held
at on the day of , at o'clock in the noon.

(Forms of general and special proxy are enclosed herewith.)

Agenda

Dated this day of .

Trustee.
(L.N. 125 of 2007)

___________________

FORM 41-42

(Repealed L.N. 81 of 1998)

___________________

FORM 43 [rule 99E]

NOTICE TO CREDITORS OF MEETING TO REMOVE TRUSTEE AND
TO APPOINT A PERSON TO FILL THE VACANCY

(Title.)

At the request of one-fourth in value of the creditors of the bankrupt a
general meeting of the creditors is hereby summoned to be held at on
the day of , at o'clock in the noon for the purpose of considering
the propriety of removing G. H., the trustee of the property of the
bankrupt, from his office as such trustee, and in the event of his removal
to appoint a person to fill the vacancy.

Dated this day of .

L.M.,

A member of the Creditors' Committee
[or Official Receiver]
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 44 [rule 99E]

NOTICE OF MEETING TO BE HELD TO APPOINT NEW TRUSTEE

(Title.)

I, C.D., Official Receiver, hereby give you notice that a meeting of
creditors will be held at on the day of , at o'clock in the noon,
for the purpose of appointing a trustee in the place of the late trustee,
who has resigned the office [or who has died or against whom a bankruptcy
order has been made].

Dated this day of .

Official Receiver.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 45 [rule 2]

LIST OF CREDITORS ASSEMBLED. TO BE USED AT EVERY MEETING

(Title.)

Meeting held at this day of .

Number Names of creditors present or represented Amount of proof
1
2
3
4
5
6
7
7

Total number of creditors present or represented $ cts
(L.N. 81 of 1998)

___________________

FORM 46A [rule 109]

PROOF OF DEBT-GENERAL FORM

IN THE COURT OF FIRST INSTANCE OF HONG KONG

IN BANKRUPTCY

No. of

Except in the case of claims for wages or salary, where the debt proved
for exceeds $250 a fee of $15 must be paid hereon otherwise the proof
cannot be admitted.

Re:

Date of Bankruptcy Order

1 Name of Creditor
2 Address of Creditor
3 Total amount of claim, including any outstanding uncapitalised interest
as at the date of the bankruptcy order (Analysis of claim can be supplied on
separate sheet signed by creditor or
person authorized to act on his
behalf) $
4 Details of any documents by reference to which the debt can be
substantiated [Note: Either the originals or copies of documentary
evidence should be submitted. Bills of exchange or other negotiable
securities must be produced before the proof can be admitted. The trustee
may call for any document or evidence to substantiate the claim at his
discretion.]
5 If total amount above includes
outstanding uncapitalised
interest please state amount
6 Particulars of how and when
debt incurred
7 Particulars of any security held, the value of the security, and the date
it was given
8 I hereby declare that the particulars set out in this Proof of Debt are,
to the best of my knowledge and belief, true and correct.

Signature of creditor or person
authorized to act on his behalf
________________________________________

Name in BLOCK LETTERS ________________________________________

Position with or relation to
creditor and means of knowledge
of the matters declared therein
_______________________________________

Warning: A person convicted of making a false statement in respect of a
proof of debt shall be liable to a fine and imprisonment for 2 years.
Admitted to vote for
$
Date
Trustee
Admitted preferentially for
$
Date
Trustee
Admitted non-preferentially for
$
Date
Trustee
To be returned to the trustee.
Note: The proof cannot be admitted for voting at the general meeting of
creditors unless it is properly completed and lodged with the trustee not
later than 24 hours before the time specified in the notice convening the
meeting.
(L.N. 223 of 1992; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)

___________________

FORM 46B [rule 109]

AFFIDAVIT OF DEBT

IN THE COURT OF FIRST INSTANCE OF HONG KONG

IN BANKRUPTCY

No. (a) of

Re: (a)
I, (b)
,
of
make oath and say-
(1)(c) That I am (d)
of the under-mentioned creditor, and that I am duly authorized by (e)
to make this affidavit, and that it is within my own knowledge that the
debt hereinafter deposed to was incurred and that such debt, to the best
of my knowledge and belief, still remains unpaid and unsatisfied.
(2) That the said
was/were, at the date of the bankruptcy order, viz, the day
of , and still is/are justly and truly indebted to
(f)
in the sum of dollars as shown in the proof of debt
exhibited hereto marked "A". (a) Here insert the number of matter, and the
name of debtor, as given on the notice of meeting.
(b) Fill in full name, address and occupation of deponent.
(c) If proof made by creditor personally strike out clause(1).
(d) State capacity, e.g. director, secretary, solicitor etc.
(e) State full name and address of creditor.
(f) Insert "me" or in case of a firm "me and C.D. and E.F, my co-partners
trading as", or if by clerk or agent etc. insert name, address and
description of principal.
________________________
Debt ....... $ :
-------------------------------------

Sworn at
this day of ｝ [Deponent's
Signature.]

Before me,

[Notary Public/Commissioner for
Oaths/other authorized person +]

+ Delete as appropriate.
___________________________________________________________________________
_
Warning : A person convicted of making a false statement in respect of a
proof of debt shall be liable to a fine and imprisonment for 7 years.
___________________________________________________________________________
_
To be returned to the trustee.
(L.N. 223 of 1992; 47 of 1997 s. 10; L.N. 81 of 1998; 25 of 1998 s. 2;
L.N. 125 of 2007)

___________________

FORM 47 [rule 109]

PROOF BY TRUSTEE IN PRIOR BANKRUPTCY

(Title.)

I, , of , make oath and say-

1. The said was adjudicated a bankrupt on , and I am the
trustee under such bankruptcy.

2. There was at the date of the bankruptcy [or administration] order
herein, namely, the day of , and still in an unsatisfied balance of
the debts provable in the foresaid bankruptcy, of which I am trustee,
amounting to $ as shown in the statement endorsed hereon [or annexed
hereto and marked "A"].

3. I claim to prove in the present bankruptcy for the said amount.

Sworn, etc.

Before me,

Admitted to vote for $
the day of .

Trustee.

Admitted to rank for dividend
for $ this
day of .

Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 48 [rule 110]

PROOF OF DEBT OF EMPLOYEES

(Title.)

(a) Fill in full name, address and occupation of deponent.
(b) the above-named debtor or the supervisor of the above-named debtor or
on behalf of the employees and others employed by the above-named debtor.
(c) or the said.
(d) my employ or the employ of the above-named debtor.
(e) me or the above-named debtor. I, (a) of ,
(b),
make oath and say-

1. That (c) w at the date of the bankruptcy order, viz. the day
of , and still justly and truly indebted to the several persons
whose names, addresses and descriptions appear in the schedule endorsed
hereon in sums severally set against their names in the sixth column of
such schedule for wages due to them respectively as employees or others in
(d) in respect of services rendered by them respectively to (e)
during such periods before the date of the bankruptcy order as are set out
against their respective names in the fifth column of such schedule, for
which said sums, or any part thereof, I say that they have not, nor hath
any of them, had or received any manner of satisfaction or security
whatsoever.

Sworn, etc.,

(Signature)

SCHEDULE referred to on the other side

No.
2

Full name of employee 3

Address 4

Description 5

Period
over which wages due 6

Amount due

$ cts
(L.N. 81 of 1998)

___________________

FORM 49 [rules 114, 115]

NOTICE OF REJECTION OF PROOF OF DEBT

(Title.)

(a) If proof wholly rejected strike out words underlined.

(b) 21 days or 7 days as the case may be.
See Rules 117 and 123(2). Take notice, that, as the trustee of the above
estate, I have this day rejected your claim against such estate (a) [to
the extent of $ ] on the following grounds-

And further take notice that if you are dissatisfied with my decision in
respect of your proof you may apply to the court to reverse or vary the
same, but subject to the power of the court to extend the time, no
application to reverse or vary my decision in rejecting your proof will be
entertained after the expiration of (b) days from this date.

Dated this day of .

Trustee.
To
(L.N. 125 of 2007)

___________________

FORM 50 [section 86B(1)(c)]

GENERAL PROXY

(Title.)

(a) If a firm write "we" instead of "I" and set out the full name of the
firm.
(b) Here insert either "Mr. of , a clerk, manager etc., in my regular
employ," or "Mr. of , my solicitor," or "the trustee". The standing of the
person appointed must be clearly set out.
(c) "my" or "our".
(d) See footnote 1.
(e) If a firm, sign the firm's trading title, and add "by A.B., a partner
in the said firm". As to signature by agent, see footnotes 2 and 3.
(f) It is not intended that the trustee shall in any case receive

dividends on behalf of a creditor.
(g) The trustee may require the authority to sign to be produced for his
inspection. I, (a) of , a creditor, hereby appoint (b) to be (c) general proxy
in the above matter [excepting as to the receipt of dividend (d)].

Dated this day of .

(Signed) (e)

(Signature of witness)

(Address)

NOTES

1. When the creditor desires that his general proxy should receive
dividends he should strike out the words, "excepting as to the receipt of
dividend", putting his initials thereto (f).
2. The authorized agent of a corporation may fill up blanks, and sign for
the corporation thus-

For the Company, Limited.

J.S. (duly authorized under the seal of the company).

3. A proxy given by a creditor may be filled up and signed by any person
in the employ of the creditor having a general authority in writing to
sign for such creditor. Such person shall sign-

J.S. (duly authorized by a general authority in writing
to sign on behalf [name of creditor]) (g).

Certificate to be signed by person other than creditor filling up
the above proxy

I, , of , being a [here state whether clerk or manager in the regular
employment of the creditor or a commissioner to administer oaths in the
Court of First Instance], hereby certify that all insertions in the above
proxy are in my own handwriting, and have been made by me at the request
of the above-named and in his presence, before he attached his signature
[or mark] hereto.

Dated this day of .

(Signature)

The proxy must be lodged with the trustee not later than 24 hours before
the time appointed for the meeting at which it is to be used.
(G.N.A. 124 of 1955; 25 of 1998 s. 2; L.N. 125 of 2007)

___________________

FORM 51 [section 86B(1)(c)]

SPECIAL PROXY

(Title.)

(a) If a firm, write "we" instead of "I", and set out the full name of
the firm.
(b) Here insert either "Mr. of," or "the trustee".
(c) "my" or "our".
(d) Here insert the word "for" or the word "against" as the case may
require, and specify the particular resolution or name of proposed
trustee, remuneration, or other matter.
(e) If a firm, sign the firm's trading title, and add "by A.B., partner
in the said firm." As to signature by agent see footnotes 2 and 3.
(f) The trustee may require the authority to sign to be produced for his
inspection.
I, (a) of , a creditor, hereby appoint (b) as (c) proxy at the
meeting of creditors to be held on the day of , or at any adjournment
thereof, to vote (d) .

Dated this day of .

(Signed) (e)

(Signature of witness)

(Address)

NOTES

1. A creditor may give a special proxy to any person to vote at
any specified meeting or adjournment thereof on all or any of the
following matters-
(a) for or against any specific proposal for a voluntary
arrangement;
(b) for or against the appointment of any specified person as
trustee or as member of the creditors' committee, or for or against the
continuance in office of any specified person, as trustee or member of a
creditors' committee;
(c) on all questions relating to any matter, other than those above
referred to, arising from any specified meeting or adjournment thereof.

2. The authorized agent of a corporation may fill up blanks, and
sign for the corporation thus-

For the Company, Limited

J.S.(duly authorized under the seal of the company)

3. A proxy given by a creditor may be filled up and signed by any
person in the employ of creditor having a general authority in writing to
sign for such creditor. Such person shall sign-

J.S. (duly authorized by a general authority in writing
to sign on behalf [name of creditor]) (f).

Certificate to be signed by person other than creditor filling up
the above proxy

I, , of , being a [here state
whether clerk or manager in the regular employment of the creditor or a
commissioner to administer oaths in the Court of First Instance], hereby
certify that all insertions in the above proxy are in my own handwriting,
and have been made by me at the request of the
above-named and in his presence before he
attached his signature [or mark] thereto.

Dated this day of .

(Signature)

The proxy must be lodged with the trustee not later than 24 hours before
the time appointed for the meeting at which it is to be used.
(G.N.A. 124 of 1955; L.N. 81 of 1998; 25 of 1998 s. 2; L.N. 125 of 2007)

___________________

FORM 52 [section 19]

APPLICATION BY THE OFFICIAL RECEIVER OR TRUSTEE FOR
AN ORDER APPOINTING A SITTING FOR THE PUBLIC
EXAMINATION OF THE BANKRUPT

(a) Insert the name and address of the bankrupt. Let (a)

attend before ______________________________________ as follows-

Date ____________________________________________________
Time _________________________________ hours
Place ____________________________________________________
____________________________________________________

on the hearing of an application by the Official Receiver or trustee for
an order that the bankrupt be publicly examined in court pursuant to
section 19 of the Bankruptcy Ordinance (Chapter 6) at such time and place
as the court shall direct and that the bankrupt shall attend such public
examination.

Dated this day of .

Official Receiver
or Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 53 [section 19]

ORDER APPOINTING A TIME FOR THE PUBLIC
EXAMINATION OF THE BANKRUPT

Upon the application of the Official Receiver or Trustee

And upon hearing

And upon reading the evidence

It is ordered that the bankrupt be publicly examined pursuant to section
19 of the Bankruptcy Ordinance (Chapter 6) as follows-

Date ______________________________________________________________
Time _________________________________ hours
Place ______________________________________________________________
______________________________________________________________

And it is ordered that the bankrupt shall attend at the time and place
above-mentioned for such purpose.

Dated this day of .

Registrar.

WARNING TO BANKRUPT: If you fail without reasonable excuse to attend your
public examination at the time and place set out in the order, you will be
liable to be committed to prison without further notice. In addition, if
you commit perjury during your examination, you will be liable on
conviction to imprisonment for 7 years and a fine.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 54 [section 19; rule 86]

NOTICE OF DAY FOR PROCEEDING WITH PUBLIC EXAMINATION
(FOR LOCAL NEWSPAPER OR Gazette)

(Title.)

Notice is hereby given that the court has appointed day, the day of ,
at o'clock in the noon, for Proceeding with the public examination of
the above-named bankrupt, which, on the day of , was adjourned sine
die.

Dated this day of .

Official Receiver
or Trustee.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 55 [section 19; rule 23]

APPOINTMENT OF SHORTHAND WRITER TO TAKE
EXAMINATION OF BANKRUPT

(Title.)

Upon the application of the Official Receiver or trustee the court
hereby, pursuant to rule 23 of the Bankruptcy Rules, appoints of to
take the examination of the said at his public examination this day.

Dated this day of .

Registrar.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

FORM 56 [section 19; rule 23]

DECLARATION BY SHORTHAND WRITER

(Title.)

Before I, , of , the shorthand writer appointed by the court to
take down the examination of the said , do solemnly and sincerely
declare that I will truly and faithfully take down the questions and
answers put to and given by the said in this matter, and will deliver
true and faithful transcripts thereof as the court may direct.

Dated this day of .

Declared before me at the time and place
above-mentioned.
(G.N.A. 124 of 1955)

___________________

FORM 57 [section 19; rule 23]

NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE A
SHORTHAND WRITER IS APPOINTED

(Title.)

Public examination of the bankrupt held this day of , before .

The above-named bankrupt, being sworn and examined at the time and place
above-mentioned, upon the several questions following being put to him,
gave the several answers thereto respectively following each question,
that is to say-

This is a transcript of the notes of the public examination of , held
this day of .

Shorthand writer duly appointed under rule 23,

Shorthand writer attached to the Official Receiver's Office.
(G.N.A. 124 of 1955; L.N. 81 of 1998)

___________________

FORM 58 [section 19; rule 23]

NOTES OF PUBLIC EXAMINATION OF BANKRUPT WHERE
SHORTHAND WRITER IS NOT APPOINTED

Public examination of the bankrupt held this day of , before .

The above-named bankrupt being sworn and examined at the time and place
above-mentioned, upon his oath saith as follows-

These are the notes of the examination of , held this day of .

Signature of person taking the notes
(G.N.A. 124 of 1955; L.N. 81 of 1998)

___________________

FORM 59 [section 19]

ORDER OF ADJOURNMENT OF PUBLIC EXAMINATION

(Title.)

(a) Insert here word "further" if necessary.

[Set out any further order of the court] This being the day appointed for the
(a) public examination of the above-named , and the said having
submitted himself for such examination; now upon hearing the Official
Receiver or trustee, and upon hearing and it appearing that .

It is ordered that the said public examination be adjourned to the day
of , at in the noon. And it is further ordered that the said do
attend at the court on the said day of , for the purpose of being
further examined as to his conduct, dealings, and property. And it is
further ordered that the said .

Date this day of .
Registrar.
(L.N. 125 of 2007)

___________________

FORM 60-61

(Repealed L.N. 81 of 1998)

___________________

FORM 62 [section 19]

MEMORANDUM OF PUBLIC EXAMINATION OF BANKRUPT

(Title.)

Memorandum. That I,
the above-named bankrupt, being sworn and examined upon my oath say that
the notes of my public examination marked "A", and appended hereto, were
read over by or to me and are correct.

And I further say that, at the time of this my examination, I have
delivered up to the trustee of my estate, all property, estate and
effects, and all books, papers and writings relating thereto.

And I further say that I have made a full disclosure of all my assets and
of all my debts and liabilities of whatever kind, and that I have not
removed, concealed, embezzled or destroyed any part of my estate, real or
personal, nor any books of account, papers or writings relating thereto,
with an intent to defraud my creditors or to conceal the state of my
affairs.

[Here insert any special matter]

Dated this day of .

Bankrupt.
(L.N. 81 of 1998; L.N. 125 of 2007)

___________________

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 .

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
or over any adjournment
thereof.

Dated this day of .

Registrar.
(L.N. 81 of 1998)

___________________

FORM 65 [rule 122F]

INTERIM ORDER OF COURT UNDER SECTION 20 OF THE
BANKRUPTCY ORDINANCE (CHAPTER 6)
(Title.)

(a) Insert full name and address of applicant.

(