CAP. 6]
Notice of proceeding after adjournment sine die.
R198. Form 54.
Public examination
of debtor
who is a
lunatic, etc.
R199. Forms 60, 61.
(Cap. 6).
Bankruptcy.
86. In any case in which a public examination has been adjourned sine die and the court afterwards makes an order for proceeding with such public examination, notice to creditors of the time and place appointed for proceeding with such public examination shall be sent by the Official Receiver, and notice shall also be inserted in the Gazette and in the local paper (if any) in which the notice of the first holding of the public examination was inserted, seven days before the day appointed.
87. (1) An application for an order dispensing with the public examination of a debtor or directing that the debtor be examined in some manner or at some place other than is usual, on the ground that the debtor is a lunatic or suffers from mental or physical affliction or disability rendering him unfit to attend a public examination, may be made by the Official Receiver or by any person who has been appointed by any court having jurisdiction so to do to manage the affairs of or represent the debtor, or by any relative or friend of the debtor who may appear to the court to be a proper person to make the application.
(2) Where the application is made by the Official Receiver it may be made ex parte and the evidence in support of the application may be given by a report of the Official Receiver to the court, the contents of which report shall be received as prima facie evidence of the matters therein stated.
(3) Where the application is made by some person other than the Official Receiver it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor.
(4) Where the order is made on the application of the Official Receiver the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of section 37 of the Ordinance. Where the application is made by any other person he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver may certify to be necessary for the expenses of the examination.
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