THE HONGKONG GOVERNMENT GAZETTE, 16TH APRIL, 1892.
A BILL
ENTITLED
An Ordinance to amend "The Bankruptcy Ordinance, 1891.”
Badvice and consent of the Legislative Council thereof,
E it enacted by the Governor of Hongkong, with the
as follows:-
1. This Ordinance shall be road and construed as one with Ordinance No. 20 of 1891 hereinafter called the principal Ordinance.
2. In (g) of sub-section (1) of sectiou 4 of the principal Ordinance the words "for appearance to a Writ of Sum- mous shall be struck out.
3. In (e) of sub-section (1) of section 6 of the principal Ordinance the word "three" shall be struck out and in lieu thereof shall be inserted and read the word "four."
4. In sub-section (1) of section 7 of the principal Ordinance the words "in any suit in the Court" shall be struck ont.
5. In sub-section (1) of section 8 of the principal Ordi- nance after the words "receiving order" shall be inserted and read the words following, that is to say:
"Provided that it shall be lawful in the discretion of
"the Court to refuse the order unless satisfied that "there are or will be substantial assets for division "among the creditors."
6. Sub-section (1) of section 10 is hereby repealed and in lieu thereof shall be inserted and read the words following, that is to say :-
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"On the making of a Receiving Order, the Official Re- 'ceiver appointed under this Ordinance shall be
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thereby constituted receiver of the property of “the debtór, and thereafter except as directed by "this Ordinance no 'creditor to whom the debtor
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is indebted in respect of any debt provable in
bankruptcy shall have any remedy against the
property or person of the debtor in respect of "the debt or shall commence or continue any "action or other legal proceedings unless with "the leave of the Court and on such terms as the "Court may impose."
"On making the Receiving Order the Court may, if "it think fit, direct that no execution against the
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person of the debtor shall be stayed until the "debtor find sufficient security to appear and abide "by all orders of the Court in relation to the Bankruptcy proceedings, or until further order, "and in such case any creditor may, in the mean- "time, procced to execution against the person of 'the debtor in the same way as if no Receiving "Order had been made."
7. In section 13 of the principal Ordinance after the words Official Receiver" there shall be added and inserted the words "if provided with funds for the purpose."
8. In sub-section 7 of section 15 of the principal Ordinance the words "within the Colony" shall be struck out.
9. In sub-section 1 of section 17 the words "the time limited for filing of" shall be struck out.
10. In sub-section 6 of section 18 the words "the terms thereof shall be" shall be struck out.
11. In (a) of sub-section 4 of section 27 of the principal Ordinance after the words That the Bankrupt" shall be inserted and read the words "with intent to conceal the true state of his affairs."
In (g) of sub-section 4 of section 27 of the principal Ordinance the word "three" shall be struck out and in lieu thereof shall be inserted and read the word four."
Sub-section 5 of section 27 of the principal Ordinance is hereby repealed and in lieu thereof the words following shall be inserted and read as sub-section 5.
The Court, on proof to its satisfaction of the facts mentioned in (a), (b), (c), (d), (e), or (ƒ), re- spectively of the next preceding sub-section may summarily sentence the Bankrupt to imprisonment with or without hard labour for any term not exceeding one year.
12. In sub-section 8 of section 30 of the principal Ordi- nance the words "Official Assignee" shall be struck out and in lieu thereof shall be substituted and read the words "Official Receiver,"
Ordinance to
be read with the principal Ordinance.
Amendment of section 4,
Amendment of section 6.
Amendment of section 7,
Amendment of section 8.
Amendment of section 10.
Amendment of section 13.
Amendment
of section 15.
Amendment
of section 17.
Aulendment
of section 18.
Amendments
of section 27.
Amendment of section 30.
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}