THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
(7.) Previous to the first meeting it shall be the duty of the Official Receiver to give notice either by circular or by letter 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 creditors 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.
(c.) 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 either by letter or by circular 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. 11 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 else- 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.
(2.) The statement shall be made and deposited with the Official Receiver within seven days of the making of the receiving order unless the time be extended by the Court.
(3.) If the debtor fails without reasonable excuse to comply with the requirements of this section he may be punished for a contempt of Court and the Court may ou the application of the Official Receiver or of any creditor a ljudge him bankrupt forthwith.
Public Examination of Debtor.
17. (1.) As soon as may be after the statement of affairs has been submitted the Court shall hold a public sitting on a day to be appointed for the examination of the btor and the debtor shall attend thereat and shall be examined as to his conduct dealings and property,
(2.) The Official Receiver and any creditor may take part in the examination of the debtor and the Court may put such questions as it may deem expedient.
(3.) The Official Receiver may if specially authorised by the Court employ a Solicitor with or without Counsel to conduct such examination but no Solicitor or Counsel shall be allowed to take part in the examination on behalf of the debtor.
(4.) The debtor shall be examined on oath and it shall be his duty to answer all such questions as the Court may put or allow to be put him and it shall not be lawful for the debtor to refuse to answer any question on the ground that the answer might tend to criminate him under the provisions of this Ordinance.
(5.) Such notes of the examination as the Court thinks proper shall be taken down in writing and shall be read over to and signed by the debtor and may thereafter be used in evidence against him.
(6.) The examination may be adjourned from time to time and shall not be concluded until after the day appointed for the first meeting of creditors.
(7.) The examination may be held by a Commissioner of the Court if the Court shall so order and in such case the Commissioner appointed shall have all the powers of the Court with respect to the examination.
Composition or Scheme of Arrangement.
18. (1.) The creditors may at the first meeting or any adjournment thereof by special resolution resolve to entertain a proposal for a composition in satisfaction of the debts due to them from the debtor or a proposal for a scheme of arrangement of the debtor's affairs.
(2.) The composition or scheme shall not be binding on the creditors unless it is confirmed by a resolution passed (by a majority in numbers representing three-fourths in value of all the creditors who have proved) at a subsequent meeting of the creditors and is approved by the Court.
Debtor'a' statement.
Public examination of debtor.
Composition or arrange- ment.
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