THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
Release of Trustee.
65. (1) When the Trustee has realised all the property of the bankrupt or so much thereof as can in his opinion be realised without needlessly protracting the trusteeship and has distributed a final dividend if any or has ceased to act by reason of a composition having been approved or has resigned or been removed from office he may apply to the Court for his release and if all the requirements of the Court with respect to accounts and with respect to any order of the Court against the Trustee have been fulfille the Court may make an order for the release accordingly.
(2.) Where the release of the Trustee is withheld, the Court may, on the application of any creditor a person in- terested make such order as it thinks just charging the Trustee with the consequence of any act or default he may have committed or made contrary to his duty.
(3.) An order of the Court releasing the Trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt or otherwise in relation to his conduct as Trustee but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
Official Name.
19
66. The Trustee may sue and be sued by the official name of "The Trustee of the property of A.B. a bankrupt' and in that name may hold property of every description make contracts enter into any engagements biuding on himself and his successors in office and do all other acts necessary or expedlent to be done in the execution of his office.
Miscellaneous.
67.(1.) If the Court is of opinion that a Truste is guilty of misconduct or neglect or if the Trustee is insolv- ent or if the Court is satisfied that the interests of the creditors requires it the Court may remove the Trustee from office and appoint some other person in his place.
(2.) During any vacancy in the office of Trustee the Official Receiver shall act as Trustee.
68. (1.) The Trustee may from time to time summon general meetings of the creditors for the purpose of ascer- taining their wishes and the directions given at any such general meeting shall subject to the provisions of this Or- dinance be followed as far as possible notwithstanding that they conflict with the directions of the Committee of Inspection.
(2.) The Trustee may apply to the Court for directions in relation to any particular matter arising under the bank- ruptcy.
69. If the bankrupt or any of the creditors or any other person is aggrieved by any act or decision of the Trustee he may appeal to the Court and the Court may confirm reverse or modify the act or decision complained of and make such order in the premises as it thinks just. Any such appeal shall be brought within a week of the act or decision complained of provided that the Court may subject to such conditions as it may think just allow an appeal at any time on good cause shown.
70. Where default is made by a Trustee debtor or other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal for contempt of Court of such Truștes debtor or other person provided that the power given by this sub- section shall be deemed to be in addition to and not in substitution for any other right remedy or liability in respect of such default.
PART V.
Procedure.
71. (1.) The Supreme Court shall deal with bankruptcy petitions and the rules of the Supreme Court for the time being for regulating Civil Procedure of the Supreme Court shall so far as the same may be applicable and not incon- sistent with the provisions of this Ordinance be applied to bankruptcy proceedings and every order of the Court made in connection with bankruptcy proceedings may be enforced in the same way as a judgment of the Court made in respect of any civil proceedings may now or at any time hereafter be enforced.
Relense.
Official name.
Removal.
Directions.
Appeal to the Court.
Disobedience
to order.
The Supreme
Court.
1189.