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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.
Orders conditional on consent
to judgment.
R233. Forms 90, 91, 92.
Order.
R234. Forms 85-89.
Gazetting order.
R235.
Execution on
judgment in
case of conditional discharge.
R236.
Accounts of after- acquired property. R237,
Verification of state- ments of after- acquired property.
R238.
Form 93.
93.-(1) Where the court grants an order of dis- charge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bank- ruptcy which is not satisfied at the date of his dis- charge, the order of discharge shall not be signed, completed, or delivered out until the bankrupt has given the required consent.
(2) If the bankrupt does not give the required consent within one month of the making of the con- ditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit.
94. The order of the court made on an applica- tion for discharge shall be dated on the day on which it is made, and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or, if an appeal be entered, until after the decision of the Full Court thereon,
95. When the time for appeal has expired, or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forth- with gazette the same, and advertise it in one local
newspaper.
96.--(1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing, and shall state shortly the grounds on which the application is made. When the application is lodged, the Registrar shall fix a day for the hearing.
(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing, and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding.
97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against as to his him, or subject to any other condition future earnings or after-acquired property, it shall be his duty until such judgment or condition is satisfied, from time to time to give the Official Receiver such information as he may require with respect to his earnings and after-acquired property and income, and not less than once a year to file in the court a statement showing the particulars of any property or income he may have acquired subsequent to his dis- charge.
or
98. Any statement of after-acquired property or income filed by a bankrupt whose discharge has been granted subject to conditions shall be verified by affidavit, and the Official Receiver or trustee may require the bankrupt to attend before the court to be examined on oath with reference to the state- ments contained in such affidavit, or as to his earn- ings, income, after-acquired property, dealings. Where a bankrupt neglects to file such affidavit or to attend the court for examination when required so to do, or properly to answer all such questions as the court may put or allow to be put to him, the court may, on the application of the Official Receiver or trustee, rescind the order of discharge, commit the bankrupt for contempt of court or make such other order as it may see fit.
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