THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1893. 1173
(3.) If the Court is not satisfied with the proof of the petitioning creditor's debt or of the act of bankruptcy or of the service of the petition or is satisfied by the debtor that he is able to pay his debts or is satisfied that there are and will be no substantial assets for division amongst the creditors or that for other sufficient cause no order ought to be made the Court may dismiss the petition. A debtor intending to show cause against a petition shall file with the Registrar a notice(Form No. 10 of Schedule A) specifying the statements in the petition he intends to dispute and shall serve upon the petitioning creditor or his solicitor a copy of such notice two days before the day on which the petition is to be heard.
(4.) Where the debtor appears on the petition and denies that he is indebted to the petitioner or that he is indebted to such an amount as would justify the petitioner in pre- senting a petition against him the Court on such security (if any) being given as the Court may require for payment to the petitioner of any debt which may be established against him in due course of law and of the costs of estab- lishing the debt may instead of dismissing the petition stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.
(5.) Where proceedings are stayed the Court may if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just make a receiving order on the petition of some other creditor and shall thereupon dismiss on such terms as it thinks just the petition in which pro- ceedings have been stayed as aforesaid.
(6.) A creditor's petition shall not after presentment be withdrawn without the leave of the Court.
8. (1.) A debtor's petition (Form No. 3 of Schedule A) shall allege that the debtor is unable to pay his debts and the presentation thereof shall be deemed an act of bankruptcy without the previous filing by the debtor of any declaration or inability to pay his debts and the Court shall thereupon make a receiving order.
(2.) A debtor's petition shall not after presentment be withdrawn without the leave of the Court.
9. The Governor may at any time after the passing of this Ordinance and from time to time appoint such person as he thinks fit to be Official Receiver of debtor's Estates under this Ordinance and may remove such person from such office. The Official Receiver shall act under the general authority and directions of the Government and shall also be an Officer of the Court,
10. (1.) On the making of a receiving order the Official Receiver appointed under this Ordinance shall be appointed to act with respect to the property of the debtor and there- after except as directed by this Ordinance no creditor to whom the debtor 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 com- mence or continue any action or other legal proceedings or take out or proceed with any execution against the pro- perty or person of the debtor unless with the leave of the Court and on such terms as the Court may impose.
(2.) But this section shall not affect the power of any secured creditor to realise or otherwise deal with his security in the same manner as he would have been entitled to realise or deal with it if this section had not been passed.
(3.) If at the date of the receiving order the debtor is a prisoner under an execution for a civil debt, he shall not be entitled to his release unless by order of the Court but the Court in its discretion may order his release either uneon- ditionally or subject to such conditions as it may deem fit to secure the debtor's presence at the subsequent proceed- ings or otherwise.
11. (1.) The Court if it thinks fit may at any time after the presentation of a bankruptcy petition and before a receiving order is made appoint the Official Receiver to be Interim Receiver of the property of the debtor or of any part thereof and direct him to take immediate possession thereof or of any part thereof including all books of account and other papers and documents belonging to the debtor and relating to his business.
(2.) At any time after the presentation of a bankruptcy petition the Court may stay any action execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think fit.
12. In cases where it is desirable that the debtor's busi- ness be temporarily carried on and it is inconvenient for the Official Receiver to carry it on the Court may appoint a special manager for the purpose to act under the direction
Debtor's pellsion.
Appointment of Official Receiver.
Effcot of receiving order.
Stay of proceedings after petition
Appointment of manager or Interlu Receiver.