THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.
(q.) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy. A person who has sent out of the Colony any property which he had obtained on credit and not paid for shall until the contrary be proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sont such last mentioned person can- not be found or does not pay or account for the same within a reasonable time after being called upon so to do by the Assignec.
(2.) If after the prescutation of a bankruptcy petition by or against him or the service of a debtor's summons or bankruptcy notice upon him or within six months before such presentation or service any person against whom a receiving order is made quits the Colony and takes with him or attempts or makes preparations for quitting the Colony and for taking with him any part of his property to the amount of fifty dollars or upwards which ought by law to be divided amongst his creditors he shall (unless the jury is satisfied that he had no intent to defraud) be guilty of misdemeanour punishable with imprisonment for a time not exceeding two years with or without hard labour.
(3.) If any person against whom a receiving order is made under this Ordinance quits the Colony with intent to avoid service of any petition or other process in bankruptcy or to avoid examination in respect of his affairs or otherwise to defeat embarrass or delay any proceedings against him in bankruptcy he shall be liable to imprisonment not exceeding one year or to a fine not exceeding five hundred dollars. A person who after the presentation of a bankruptcy petition by or against him or the service of a debtor's summons upon him or within three months next before such presentation or service quits the Colony shall (until the contrary be proved) be deemed to quit the Colony with such intent as in this section is mentioned.
(4.) Any person shall in each of the cases following be deemed guilty of a misdemeanour and on conviction thereof shall be liable to be imprisoned for any time not exceeding one year with or without hard labour that is to say:--
(a.) If in incurring any debt or liability he has obtained credit under false pretences or by means of any other frand.
(4.) If he has with intent to defrand his creditors or any of them made or caused to be made any gift delivery or transfer of or any charge on his property.
(c.) If he has with intent to defraud his creditors concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him.
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(d.) If after a receiving order has been made against him and whether he has been adjudicated bankrupt or not the assets available for his unsecured creditors and for the costs bankruptcy and administration do not together amount to 50 pecent, on the unsecured debts proved unless the jury is satisfied that the extent in insolvency arose from his misfortune unaccompanied by dishonestyor reckless specula- tion or extravagance on his part.
(5.) If any creditor in any bankruptcy or composition with creditors under the provisions of this Ordinance wilfully and with intent to defraud makes any false claim or any proof declaration or statement of account which is untrue in any material particular he shall be guilty of a misdemeanour punishable with imprisonment not exceeding one year with or without hard labour.
83. (1.) If in the course of any proceedings taken under any bankruptcy petition or upon the representation of the Trustee or of any creditor it appears to the Court that there is reason to suppose that any person by or against whom the petition has been presented has been guilty of any offence under this Ordinance the Court may order the prosecution of such person accordingly and in any such case may order the person to be prosecuted into custody if present or if not present may grant a warrant for his arrest and detention until he can be taken before a Stipendiary Magistrate to be dealt with according to law.
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