1174
THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
Advertisement of receiving order.
Duties of Official Receiver.
Meetings of creditors.
of the Official Receiver until the appointment of the Trustee. The Court may also if necessary appoint an Interim Receiver for the protection of the estate to act under the direction of the Official Receiver. The special manager or Interim Receiver shall receive such remuneration and give such security as the Court may order.
13. Notice of every receiving order stating the name address and description of the debtor and the date of the order and the date of the petition shall be gazetted and advertised in a local newspaper by the Official Receiver.
14. (1.) As regards the estate of a debtor it shall be the duty of the Official Receiver-
(a.) Pending the appointment of a Trustee where a special manager is not appointed to the debtor's estate to act as manager thereof.
(b.) To raise money for the purpose of the estate in any case where in the interests of creditors it appears necessary to do so.
(c.) To take possession of all the books documents and papers of the debtor and of all or any part of the property of the debtor.
(d.) To summon and preside at the first meeting of
creditors.
(e.) To issue forms of proxy for use at the meetings
of creditors.
(f) To report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs.
(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 Trustee.
(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. (c.) 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 bis 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.