C.S.O.

173

A BILL

[No. 4:-14.2.29.-1.]

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INTITULED

An Ordinance to amend the Bankruptcy Ordi-

nance, 1891.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows :---

1. This Ordinance may be cited as the Bankruptcy Short title. Amendment Ordinance, 1929.

2. Section 27 of the Bankruptcy Ordinance, 1891, is Amendment amended as follows:-

(a) by the insertion of the following words imme- diately after the word "court " in the third line of sub-section (3):—

*

'shall take into consideration a report of the Official Receiver as to the bankrupt's con- duct and affairs (including a report as to the bankrupt's conduct during the pro- ceedings under his bankruptcy), and,"

(b) by the addition of the following sub-section at

the end thereof :-

+

(9) For the purposes of this section the report of the Official Receiver shall be prima facie evidence of the statements therein contained ".

3. The Bankruptcy Ordinance, 1891, as amended by this Ordinance, shall apply to all proceedings under the said Ordinance, whether begun before or after the coming into operation of this Ordinance.

of Ordinance No. 7 of

1891, s. 27. 4 and 5 Geo. 5, c. 59, s. 26 (2), (6).

Application of Ordinance No. 7 of 1891, as amended by this Ordinance.

Objects and Reasons.

This short bill is to introduce two provisions of the English bankruptcy law which do not appear in the Houg Kong Bankruptcy Ordinance, No. 7 of 1891, though they did appear in the English Act on which that Ordinance was founded, .c., the Bankruptcy Act, 1899, 53 & 54 Vict., c. 71. These two provisions appear also in the present English Bankruptcy Act, 1914, 4 & 5 Geo. 5, c. 59. They are (a) a provision that when a bankrupt comes up for his discharge the court shall take into consideration a report of the Official Receiver on the bankrupt's conduct and affairs, including his conduct during the bankruptcy proceedings, and (b) a provision that the Official Receiver's report shall be prima facie evidence of the statements therein con- tained. The amendments are made applicable to pend- ing bankruptcies.

10th February, 1929.

J. II. KEMP,

Attorney General.

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