Hong Kong Regulations

BANKRUPTCY (FEES AND PERCENTAGES) ORDER - SCHEDULE SCHEDULE

(Past version on 01/04/1998).
(Past version on 01/07/1997).
(Past version on 30/06/1997).


[paragraphs 3 & 4]

TABLE A

Item	Description	Fee
		$
1-2.	(Repealed L.N. 83 of 1998)	
3.	Bankruptcy petition 
.....................................................................
	This fee includes any fee on answering a petition or setting down for 
hearing.  (L.N. 127 of 2007)	1045.00
4.	Proof of debt above $250, including filing, (other than a proof for 
workmen's wages)  (L.N. 567 of 1994; L.N. 164 of 1997) .............	
		40.00
5.	Petition under section 112 
...........................................................
	This fee includes any fee on answering a petition or setting down for 
hearing.  (L.N. 127 of 2007)	1045.00
6.	(a) Application for early discharge, for the suspension of discharge or 
for the lifting of a suspension of discharge including any gazetting 
costs  (L.N. 83 of 1998) ......................................	
		
		528.00
	(b) and for each creditor notified  (L.N. 164 of 1997) ...................	
35.00
7.	Search in the High Court Registry (other than by a petitioner, trustee, 
bankrupt or any officer of the court) for a document or file referred to 
or required  (25 of 1998 s. 2) ......................................	
		
		18.00
8.	Office copy of a document, per page or part thereof ....................	
35.00
9.	Allocatur by the Registrar for any costs, charges or disbursements, for 
every $100 allowed or part thereof ......................................	
		6.00
10.	Application to the Official Receiver for payment of money out of the 
Bankruptcy Estates Account  (L.N. 567 of 1994; L.N. 164 of 1997)	
		85.00
11.	(a) On every payment of money out of the Bankruptcy Estates Account-
	on each $1000 or fraction of $1000 to be charged as follows-	
	(i) where the money consists of unclaimed dividends, on each dividend paid 
out .............................................................	
		50.00
	(ii) where the money consists of undistributed funds or balances, on the 
amount paid out .....................................	
		50.00
	(b) The total fees taken under item 11(a)(ii) shall not exceed $45000 in 
each bankruptcy.  (L.N. 164 of 1997)	
		
12.	On an application to the court for an interim order under section 20, a 
fee computed at the following rates on the gross amount of the proposal-	
	(a) on every $1000 or fraction of $1000 up to $100000 ..................	
15.00
	(b) on every $1000 or fraction of $1000 beyond $100000 ...............
	Provided that where a fee has been taken on a previous application to the 
court for an interim order under section 20, or where a fee has been paid 
under item 9 of Table B, seven-eighths of the amount thereof shall be 
deducted from the fee payable.
	For the purpose of calculating this fee, the gross amount means the amount 
to be provided under the terms of the proposal for ordinary and 
preferential creditors, and for costs, charges and expenses, and for fees 
and percentages (other than this fee).  (L.N. 83 of 1998)	7.50
13.	(Repealed L.N. 83 of 1998)	
14.	On an application for release by a trustee-
	for every $1000 or fraction of $1000 of the gross amount of assets 
realized and brought to credit 
......................................................	
		
		5.00
15.	Registration of assignment of book debts under rule 127-
	(a) on producing original assignment, filing attested copy thereof and 
certified translation (when necessary) in the English or Chinese language, 
including registering and marking original  (L.N. 83 of 1998) 	
		
		
		220.00
	(b) every search or official certificate of the result of a search in one 
name in any register or index in the custody of the Register	
		220.00
	(c) for every additional name if included in the same certificate	110.00
	(d) for a duplicate copy of a certificate, per page or part thereof	35.00
16.	Application by a member of the public to the Official Receiver for a 
search on whether a bankruptcy petition has been presented against a 
person or firm  (L.N. 223 of 1989; L.N. 567 of 1994; L.N. 164 of 1997) 
...........................................................................
..	
		
		
		85.00
17.	Application by a member of the public to the Official Receiver for 
issue of a non-bankruptcy certificate for a person  (L.N. 567 of 1994; 
L.N. 164 of 1997) 
..............................................................	
		
		205.00
18.	For insertion in the Gazette of a notice relating to bankruptcy  (L.N. 
223 of 1989; L.N. 567 of 1994; L.N. 164 of 1997) .........................	
		355.00
19.	Examination by a creditor of the record signed by the bankrupt under 
section 19  (L.N. 83 of 1998) 
..................................................	
		85.00
20.	Examination by a creditor of the proofs of debt of other creditors 
under rule 7 of the Proof of Debts Rules (Cap 6 sub. leg.)  (L.N. 83 of 
1998) 
...........................................................................
...	
		
		85.00
21.	Photocopying charge per page or part thereof for providing a creditor 
with a list of creditors under section 87  (L.N. 83 of 1998; L.N. 127 of 
2007) 
..........................................................................	
		
		6.10
(L.N. 136 of 1988; L.N. 359 of 1992; L.N. 162 of 1994; L.N. 89 of 1996)

TABLE B

1. On payments made by the Official Receiver into the Official Receiver in 
Bankruptcy Account, whether acting as interim trustee or trustee to 
administer a debtor's or bankrupt's property, and on payments made by the 
Official Receiver into any bank account opened by him in his capacity as 
nominee under a voluntary arrangement, after deducting any sums paid to 
secured creditors in respect of their securities, and not being monies 
received and spent in carrying on the business of a debtor or bankrupt, a 
charge of 10%.  (L.N. 427 of 1993; L.N. 83 of 1998; L.N. 127 of 2007)

2. (a) On the amount distributed to creditors by the Official Receiver 
when acting as nominee under a voluntary arrangement, a fee of 5%.
(b) For the work done by the Official Receiver in connection with an 
approved voluntary arrangement to which the Official Receiver was not 
appointed to act as nominee by the creditors at the meeting, a fee of such 
amount as the appointed nominee and the Official Receiver may agree or as 
the court may approve.  (L.N. 83 of 1998)

3. On the amount paid to preferential creditors or distributed in dividend 
or otherwise by the Official Receiver when acting otherwise than as 
nominee under an approved voluntary arrangement, a charge of 5%.  (L.N. 83 
of 1998)

4. For the Official Receiver acting as interim trustee of the property of 
a debtor under section 13, in addition to the percentage chargeable on 
realizations, on every order ........................ $1100
and in addition, where the order is in force for a longer period than 14 
days, for every 7 days after the first 14, and for every fraction of 7 
days ............................................ $1100
(L.N. 427 of 1993; L.N. 567 of 1994; L.N. 164 of 1997; L.N. 127 of 2007)

5. For all official stationery, printing and postage within Hong Kong; and 
to include notices to creditors of meetings and sittings of the court and 
room hire-
(a) for a number of creditors and bankrupts not exceeding 10 
........................... $670
(b) thereafter for every 10 additional creditors and bankrupts or part 
thereof ...... $670
This fee does not include the charge which may be made by the Official 
Receiver on calling a meeting at the request of creditors, for which 
provision is made in paragraph 6.  (L.N. 223 of 1989; L.N. 427 of 1993; 
L.N. 567 of 1994; L.N. 164 of 1997; L.N. 83 of 1998)

6. Where the Official Receiver calls a meeting at the request of the 
creditors, the costs of summoning the meeting, which shall be deemed to 
include all disbursements for stationery, printing and postage within Hong 
Kong shall be $1560. Any charge for hiring a room outside the Official 
Receiver's Office by reason of the large number of creditors shall be 
additional to the said sum.  (L.N. 427 of 1993; L.N. 567 of 1994; L.N. 164 
of 1997)

7. For the Official Receiver supervising a special manager or the carrying 
on of a bankrupt's business-
such amount as the court, on application of the Official Receiver, may 
consider reasonable.  (L.N. 223 of 1989; L.N. 83 of 1998)

8. Travelling, keeping possession and other reasonable expenses of 
Official Receiver-the amount disbursed.

9. On the aggregate amount of the assets realized and brought to credit 
there shall be paid-
(a) in respect of estates in which the Official Receiver acts as trustee, 
when he accounts to the court under section 86B(2);
(b) in respect of estates in which the Official Receiver is not acting as 
trustee, when the trustee provides his accounts to the Official Receiver 
under section 93(1A),
a fee according to the following scale-
(i) on the first $500000 or fraction thereof, $100 on every $1000 or 
fraction thereof;
(ii) on the next $500000 or fraction thereof, $75 on every $1000 or 
fraction thereof; 
(iii) on the next $4000000 or fraction thereof, $65 on every $1000 or 
fraction thereof;
(iv) on the next $5000000 or fraction thereof, $37.50 on every $1000 or 
fraction thereof;
(v) on the next $40000000 or fraction thereof, $20 on every $1000 or 
fraction thereof;
(vi) on all further amounts, $10 on every $1000 or fraction thereof.  
(L.N. 83 of 1998; L.N. 127 of 2007)

10. Where the Official Receiver performs any special duties not provided 
for under the other paragraphs of this Table-such amount as the court, on 
the application of the Official Receiver, may consider reasonable.

11. Notwithstanding the fees and charges prescribed in the foregoing 
paragraphs but subject to the availability of funds, where the Official 

Receiver acts as trustee to administer a bankrupt's property, the total 
fees and charges under this Table shall not be less than $12150.  (L.N. 
164 of 1997; L.N. 83 of 1998)
(L.N. 195 of 1987; L.N. 89 of 1996)

TABLE C	[rule 181]

I-Auctioneers

For inventory, valuation, sales by auction or private treaty of assets 
......	Such an amount as the Creditors' Committee or the Registrar approves.

II-Architects

(a) For valuation of leasehold property, and reporting thereon 
.............	Such an amount as the Creditors' Committee or the Registrar approves.
(b) Cost of surveys, dilapidations and specifications 
...........................	Such an amount as the Registrar approves.
The foregoing charges to be in addition to such out-of-pocket expenses as 
may be authorized at the time by the Official Receiver or trustee.

General

An architect or auctioneer who uses his own motor car or motor cycle, 
instead of travelling by railway or hired vehicles, shall be entitled if 
the taxing officer is satisfied that such user was reasonable to an 
allowance not exceeding $1.00 per kilometre.

III-(Repealed L.N. 83 of 1998)
(Enacted 1985. L.N. 83 of 1998)
___________________________________________________________________________
_____
Notes:
1. Please see the transitional provisions contained in s. 3 of L.N. 83 of 
1998, which section is reproduced as follows-
"3. Transitional

Where before this Order comes into operation-
(a) a petition in bankruptcy has been presented; or
(b) a receiving order or adjudication in bankruptcy has been made,
under the Ordinance, then the principal Order as it existed before being 
amended by this Order continues to apply to proceedings in respect of such 
a petition, receiving order or adjudication in bankruptcy.".

2. L.N. 83 of 1998 came into operation on 1 April 1998.