Sir,
Speech by the Hon. Michael Thomas, QC,
14
the Attorney General in the Legislative Council
on Wednesday 8 April 1987
Bankruptcy (Amendment) Rules 1987
Companies (Winding-Up) (Amendment) Rules 1987
I move the two resolutions standing in my name.
The purpose of the first resolution is to approve the
Bankruptcy (Amendment) Rules 1987 made by the Chief Justice
under section 113 of the Bankruptcy Ordinance.
The purpose
of the second resolution is to approve the Companies
(Winding-Up) (Amendment) Rules 1987 made by the Chief Justice
under section 296 of the Companies Ordinance.
2.
The rules deal with the hearing of applications
relating to individual bankruptcies and to company
liquidations respectively. Such hearings are, according to
the nature of the application, determined by a judge in open
court or by a judge in chambers. There is some disparity
however. While it is possible for hearings relating to
company liquidations at the discretion of a judge to be
adjourned for determination in chambers by the Registrar of
the Supreme Court, that is not possible for hearings relating
to individual bankruptcies. The anomaly here is that the
judge dealing with bankruptcy is also the judge dealing with