810

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

How made out.

R189.

Form 28.

Extension of time.

R190.

Statement of Affairs.

81. The statement of affairs shall be made out in duplicate, and one copy shall be verified. The Official Receiver shall file in court the verified state- ment of affairs submitted to him by the debtor.

82. Where any debtor requires any extension of the time for the filing by him of his statement of affairs, he shall apply to the Official Receiver, who may, if he thinks fit, give a written certificate ex- tending such time, which certificate shall be filed, and shall render an application to the court under section 18 of the Ordinance unnecessary.

Adjourn- ments sine die.

R195.

Application

Public Examination,

83. Where the court is of opinion that a debtor is failing to disclose his affairs, or where the debtor has failed to attend the public examination or any adjournment thereof, or where the debtor has not complied with any order of the court in relation to his accounts, conduct, dealings, and property, and no good cause is shown by him for such failure, the court may forthwith commit the debtor for con- tempt of court or may adjourn the public examina- tion sine die, and may make such further or other order as the court shall think fit.

84. The court may on the application either of to proceed. the Official Receiver or of the debtor appoint a day for proceeding with a public examination which has been adjourned sine die.

R196.

Froceeding after adjournment sine die,

R197.

Notice of proceeding after

adjournment sine die.

R198.

Form 54.

Public

of debtor

who is a

lunatic, &c

R199.

Forms 60, 61.

85. Where an examination has been adjourned sine die, and the debtor desires to have a day ap- pointed for proceeding with his public examination, the expense of gazetting, advertising, and giving notice to creditors of the day to be appointed for proceeding with such examination, shall, unless the Official Receiver or trustee, as the case may be, con- sents to the costs being paid out of the estate, be at the cost of the debtor, who shall, before any day is appointed for proceeding with the public examina- tion, deposit with the Official Receiver such sum as the Official Receiver shall think sufficient to defray the expense aforesaid. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor.

86. In any case in which a public examination has been adjourned sine die, and the court after- wards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette, and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, seven days before the day appointed.

87.-(1) An application for an order dispensing examination with the public examination of a debtor or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by any person who has been appointed by any court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application.

>

*

Page 15Page 16

Share This Page