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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, SI
Meetings of creditors.
Debtor's statcment,
(9.) To advertise the receiving order the date of the creditor's first meeting and of the debtor's public examination and such other matters as it may be necessary to advertise.
(h.) To act as Trustee during any vacancy in the
office of Trustce.
(i.) To assist the debtor in preparing his statement of affairs in case the debtor has no solicitor acting for him and is unable properly to prepare it himself. (2.) As regards the debtor it shall be the duty of the Official Receiver-
(a.) To investigate the conduct of the debtor and to report to the Court stating whether there is rea- son to believe that the debtor has committed any act which constitutes an offence under this. Ordi- nance or which would justify the Court in refusing, suspending or qualifying an order for his dis- charge.
(b.) To conduct the public examination of the debtor. (e.) To assist in the prosecution of any fraudulent
debtor.
(3.) The Official Receiver shall on the appointment of a Trustee other than himself account to the Court for all his dealings with the estate and upon passing such accounts shall be entitled to be paid out of the estate such fee as the Court may order.
Proceedings consequent on Order.
15. (1.) As soon as may be after the making of a receiving order against a debtor the first general meeting of his creditors shall be held for the purpose of considering whether a proposal for a composition or scheme of arrange- ment can be entertained or whether it is expedient that the debtor shall be adjudged bankrupt and generally as to the mode of dealing with his property.
(2.) Unless the Court shall otherwise order such meeting shall be held within twenty-eight days of the date of the receiving order and not less than three days notice of the time and place thereof shall be given in the Gazette and a local newspaper.
(3.) The meeting shall be presided over by the Official Receiver and the proceedings thereat shall be recorded by him in writing.
(4.) A person shall not be entitled to vote at the first or any subsequent meeting unless he shall have proved his
debt.
(5.) A creditor who has proved may vote either in per- son or by proxy appointed under his hand or by attorney duly authorised in that behalf. A person claiming to vote for or on behalf of a creditor shall satisfy the Official Re- ceiver of his right to do so or be precluded from voting.
(6.) The meeting may be adjourned from time to time and from place to place.
(7.) Previous to the first meeting it shall be the duty of the Official Receiver to give notice in writing as he may think fit to such persons as are mentioned as creditors in the debtor's statement or as he knows to be or has reason to believe are créditors of the estate within the Colony. The notice shall state-
(a.) The time and place of meeting.
(b.) That the creditor cannot vote unless he previously
proves his debt.
(e.) That forms of proof and proxy can be obtained at the office of the Official Receiver during office hours.
(d.) That at such meeting the creditor will be asked. to consider whether the debtor shall be adjudged bankrupt or whether they will entertain a proposal for a composition or scheme of arrangement.. (8.) Any subsequent meeting shall be summoned by giving notice in writing to such of the creditors who have proved and such notice shall state the object for which such meeting is summoned.
16. (1.) Where a receiving order is made the debtor shall make out and submit to the Official Receiver a statement of and in relation to his affairs in the Form No. 1 of Schedule A verified by affidavit and showing particulars of his assets debts and liabilities the names residences and occupations of his creditors whether in the Colony or olse- where the securities held by them respectively the dates when the securities were respectively given and the debtor's personal expenses and (if any) business expenses for the last preceding three years.