A58
Ord. No. 21/79
Short title.
Addition of new
Part IIIA.
(Cap. 6.)
L.S.
BANKRUPTCY (AMENDMENT)
HONG KONG
No. 21 of 1979
I assent.
MURRAY MACLEhose,
Governor.
26th April, 1979.
An Ordinance to amend the Bankruptcy Ordinance.
[27th April, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Bankruptcy (Amendment) Ordinance 1979.
2. The principal Ordinance is amended by adding after section 74 the following new Part-
Interpretation.
Schedule.
(Cap. 221.)
Office and functions of Official Petitioner. 1972 c. 71. 3. 9.
"PART IIIA
Criminal BANKRUPTCY
Interpretation
74A. In this Part and in the Schedule--
"criminal bankruptcy administration petition" means a petition under section 112 presented by virtue of the Schedule;
"criminal bankruptcy order" means an order made under
section 84A of the Criminal Procedure Ordinance; "criminal bankruptcy petition" means a bankruptcy petition
presented by virtue of the Schedule.
Official Petitioner
74B. (1) For the purposes of discharging, in relation to cases in which a criminal bankruptcy order is made, the functions mentioned in subsection (2), there shall be an officer known as the Official Petitioner; and the Attorney General shall, by virtue of his office, be the Official Petitioner.
(2) The functions of the Official Petitioner shall be- (a) to consider whether, in a case where a criminal bankruptcy order is made, it is in the public interest that he should himself present a criminal bankruptcy petition;
(b) to present a criminal bankruptcy petition in any such case where he determines it is in the public interest for him to do so;
(c) to make payments, in such cases as he may deter- mine, towards expenses incurred by other persons
Schedule.
Effect of criminal bankruptcy order. Schedule.
3.
BANKRUPTCY (AMENDMENT)
Ord. No. 21/79
A59
a
in connexion with proceedings pursuant to criminal bankruptcy petition or a criminal bank- ruptcy administration petition;
(d) to exercise, so far as he considers it to be in the public interest to do so, any of the powers con- ferred on him by the Schedule.
(3) Neither the Official Petitioner nor any person acting under his authority shall be liable to any action or pro- ceeding in respect of anything done or omitted in the discharge, or purported discharge, of the functions of the Official Petitioner under or by virtue of this Ordinance.
(4) Any functions of the Official Petitioner under this Ordinance may be discharged on his behalf by any person acting with his authority.
General
74C. The Schedule shall apply to give effect to the operation of this Ordinance in a case where a criminal bankruptcy order has been made and to supplement this Ordinance in relation to dispositions made by a person against whom such an order has been made.".
The principal Ordinance is amended by inserting after section 142 Addition of the following Schedule-
Interpretation
Schedule.
"SCHEDULE
[ss. 74A, 74B and 74C.] 1973 c. 62
Schedule 2.
CRIMINAL BANKRUPTCY ORDERS
PART I
GENERAL
1. In this Schedule-
"criminal bankruptcy debt" means a debt deemed to be due to any person
by virtue of paragraph 3.
Act of bankruptcy
2. Subject to the provisions of this Schedule, where a criminal bank- ruptcy order is made against any person he shall be treated as a debtor who has committed an act of bankruptcy on the date on which the order is made.
Creditors and criminal bankruptcy debts
3. A person specified in a criminal bankruptcy order as having suffered loss or damage of any amount shall be treated for the purpose of any ensuing proceedings pursuant to-
(a) a bankruptcy petition presented by virtue of paragraph 2; or (b) a petition under section 112 (administration in bankruptcy of estate of person dying insolvent) presented by virtue of this Schedule,
as a creditor for a debt of that amount provable in the bankruptcy of the person against whom the order was made.