C
1986 Ed.]
Bankruptcy
[CAP. 6
11
(c) was carrying on business in Hong Kong, personally or by
means of an agent or manager; or
(d) was a member of a firm or partnership which carried on
business in Hong Kong.
4.
(Amended, 47 of 1984, s. 16)
A bankruptcy notice under this Ordinance shall be issued to a judgment creditor, or creditor who has obtained a final order, by the Registrar on the filing of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the consequences of non-compliance with the notice, and shall be served in the prescribed manner:
Provided that a bankruptcy notice-
(a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor,
(b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.
Receiving order and Official Receiver
5.
Subject to the conditions hereinafter specified, if a debtor commits an act of bankruptcy the court may, on a bankruptcy petition being presented either by a creditor or by the debtor, make an order, in this Ordinance called a receiving order, for the protection of the estate.
6. (1) Subject to the provisions of section 7, a creditor shall not be entitled to present a bankruptcy petition against a debtor unless-
(a) the debt owing by the debtor to the petitioning creditor, or if 2 or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to more than $5,000; and (Amended, 65 of 1976, s. 2)
Bankruptcy notices. 1914 c. 59, s. 2. Rules.
Forms 4, 5.
Jurisdiction to make receiving order.
1914 c. 59, s. 3.
Rules. Forms 25, 26.
Conditions on which creditor may petition.
1914 c. 59, s. 4. Rules. Form 10.