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(Cap. 221.)
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before the order was made, or is presented in respect of him thereafter otherwise than by virtue of paragraph 2, the court may, on the applica- tion of the Official Petitioner, dismiss the petition, rescind any receiving order made in pursuance thereof or, if that person has been adjudged bankrupt, annul the adjudication on such terms, if any, as the court thinks fit.
Effect of appeal against conviction
11. (1) Subject to the provisions of this paragraph, the fact that an appeal is pending against any conviction by virtue of which a criminal bankruptcy order was made shall not preclude the taking of any proceed- ings by virtue of this Schedule in consequence of the making of the order.
(2) Where a person is adjusted bankrupt in proceedings pursuant to a criminal bankruptcy petition, no property shall be distributed by his trustee in bankruptcy and no order shall be made by the court under paragraph 8 so long as an appeal is pending against his conviction of any offence by virtue of which the criminal bankruptcy order was made. (3) For the purposes of this paragraph an appeal against a con- viction is pending-
(a) in any case until the expiration of the time for giving notice of appeal or applying for leave to appeal under section 83Q of the Criminal Procedure Ordinance (disregarding any extension of time which may be granted under subsection (3) of that section); (b) if notice of appeal or of application for leave is given during that period and during that period the appellant notifies the Official Receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the Privy Council is pending within the meaning of section 84B(5) of that Ordinance. (4) Where in consequence of an appeal a criminal bankruptcy order is rescinded-
(a) any bankruptcy petition based on the order shall lapse and any receiving order or adjudication of bankruptcy made in con- sequence thereof shall cease to have effect, but without prejudice to anything previously done thereunder;
(b) where any such adjudication ceases to have effect, the property of the person who was adjudicated bankrupt shall revert to him for all his estate or interest therein; and
(c) the court may, on his application or on the application of the Official Receiver, by order give such directions, if any, as appear to the said court to be necessary or desirable in consequence of the provisions of sub-paragraphs (a) and (b).
(5) Where in consequence of an appeal a criminal bankruptcy order is amended by the deletion of any amount specified therein as the loss or damage suffered by any person, paragraph 3 shall not thereafter apply to that loss or damage but without prejudice to anything done before the amendment takes effect.
PART III
FUNCTIONS OF OFFICIAL PETITIONER
Presentation of criminal bankruptcy petition by Official Petitioner
12. (1) The Official Petitioner may present a criminal bankruptcy petition, and a receiving order may be made on that petition.
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(2) Section 6, as modified by paragraph 4 of this Schedule, shall apply to a criminal bankruptcy petition presented by the Official Petitioner as it applies to a petition presented by a creditor, but the court may allow the petition to be presented later than required by subsection (1)(c) of that section.
(3) The following provisions—
(a) section 9(2) (making of receiving order on creditor's petition); (b) section 9(3) (dismissal of petition); and
(c) section 9(7) (withdrawal of creditor's petition), shall apply in relation to a criminal bankruptcy petition presented by the Official Petitioner as if any reference to the debt of the petitioning creditor were a reference to any criminal bankruptcy debt within the meaning of this Schedule; and paragraph 5 shall have effect in relation to section 9(2) and (3) as they apply by virtue of this paragraph.
Presentation of criminal bankruptcy administration petition by Official
Petitioner
13. (1) The Official Petitioner may present a petition under section 112 in any case in which a creditor could do so by virtue of this Schedule, and an order may be made under that section on that petition. (2) Section 112(2) shall have effect in relation to a petition presented by the Official Petitioner as if the reference to the petitioner's debt were a reference to any criminal bankruptcy debt within the meaning of this Schedule.
Participation of Official Petitioner in proceedings brought by virtue of
this Schedule (whether by the Official Petitioner or by a creditor)
14. (1) In the case of proceedings pursuant to a criminal bankruptcy petition or a criminal bankruptcy administration petition, the Official Petitioner shall be entitled-
(a) to attend any meeting of creditors and, before the meeting, to receive any notice or other document required to be sent before such a meeting to any creditor;
(b) to be a member of any committee of inspection appointed under section 24, but not so as to count towards the number of members mentioned in subsection (2) or (9), or be subject to removal under subsection (7), of that section;
(c) to be a party to any such proceedings before the court. (2) In the case of proceedings pursuant to-
(a) a criminal bankruptcy petition or a criminal bankruptcy ad- ministration petition, the provisions of the Ordinance mentioned in sub-paragraph (3) shall have effect as if any reference to a creditor, or to a creditor who has proved or tendered a proof, included a reference to the Official Petitioner; and
(b) a criminal bankruptcy administration petition, the expression "a petition under this section" in section 112(8) shall include a reference to a petition by the Official Petitioner.
(3) The provisions referred to in sub-paragraph (2) are-
(a) section 15 (power to appoint special manager);
(b) section 18(2) and (4) (debtor's statement of affairs);
(c) section 19(4) and (8) (public examination of debtor);
(d) section 20(5), (6) and (8) (compositions and schemes of
arrangement);