822
THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.
Removal of special
manager.
R318.
Mode of application to Court.
R319.
Evidence or application by Official Receiver.
R320.
Application
for direc- tions. R321.
Accounting by Official Receiver.
R323.
Accounts of debtor.
R325.
Liability for costs, expenses damages. R326.
*
and
155. When the Official Receiver appoints a special manager he may at any time remove him if his employment seems unnecessary or unprofitable 10 the estate, and he shall remove him, if so required by a special resolution of the creditors.
156. Applications by the Official Receiver to the court may be made personally, and without notice or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.
157. Where for the purposes of any application to the court by the Official Receiver for directions, or on his opposing a receiving order or an order for adjudication or on his applying to adjudge a debtor bankrupt or to rescind a receiving order or to annul an adjudication order or for leave to disclaim a lease, or for an extension of time to apply for leave to disclaim a lease, or for an order to take criminal proceedings against a bankrupt, cr to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court, and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as primâ facie evidence of the matters reported upon.
153. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or these rules relating to any proceeding in court the Official Receiver may apply to the court for directions.
159.--(1) Where composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor, or, as the case may be, to the trustee under the composition or scheme.
(2) Where a debtor is adjudged bankrupt, and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy.
(8) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shail account in such manner as is provided by the Ordinance or as the court may from time to time direct.
160. The debtor shall, on the request of the Official Receiver, furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court, and the court shall take such action on such report as the court shall think just.
161. The following provisions shall apply to every case in which proceedings are taken either by action, motion, or in any other manner, against the Official Receiver in respect of anything done or default made by him, when acting, or in the bona fide and reason- able belief that he is acting, in pursuance of the Ordinance, or in execution of the powers given to the Official Receiver by the Ordinance..
(1) Subject to the provisions of the next following paragraph, the costs, damages, and expenses which he Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally.
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