Hong Kong Regulations

PROOF OF DEBTS RULES - RULE 4

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

(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 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. 129 of 2007) (L.N. 220 of 1992)
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____ 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.