Hong Kong Regulations

PROOF OF DEBTS RULES - RULE 4

Caution: This is a past version. See the current version here.

(1) The creditor or the person authorized by or on behalf of the creditor
shall declare in the proof of debt-

   (a)  the creditor's name and address;

*(b) the total amount of his claim as at the date of the bankruptcy order;
(L.N. 85 of 1998)

   (c)  whether or not that amount includes outstanding uncapitalised
        interest;

*(d) particulars of how and when the debt was incurred by the bankrupt; (L.N.
85 of 1998)

   (e)  particulars of any security held, the date when it was given and the
        value which the creditor puts upon it; and

   (f)  the name and the authority of the person signing the proof (if other
        than the creditor himself) and means of knowledge of the facts.

(2) There shall be specified in the proof any documents by reference to which
the debt can be substantiated and such documents or a copy of such documents
shall be submitted together with the proof.

(3) The Official Receiver or the trustee to whom the proof is sent may call
for any document, which has not already been submitted, or other evidence to
be produced to him, where he thinks it necessary for the purpose of
substantiating the whole or any part of the claim made in the proof. (L.N. 220
of 1992) ___________________________________________________________________
Notes:

* 1. Please see the transitional provisions contained in s. 8 of L.N. 85 of
1998, which section is reproduced as follows: "8. Transitional

Where before these Rules come into operation-

   (a)  a petition in bankruptcy has been presented; or

   (b)  a receiving order or adjudication in bankruptcy has been made, under
        the Ordinance, then the principal Rules as they existed before being
        amended by these Rules continue to apply to proceedings in respect of
        such a petition, receiving order or adjudication in bankruptcy."

2. L.N. 85 of 1998 came into operation on 1 April 1998.