[CAP. 6
Bankruptcy
1986 Ed.]
First and other meetings of creditors.
1914 c. 59, s. 13. Rules.
Forms 30, 31, 32, 39, 45.
Rules.
Debtor's statement of affairs.
1914 c. 59, s. 14. Rules.
Form 28.
Rules.
Form 75.
Proceedings consequent on order
17. (1) As soon as may be after the making of a receiving order against a debtor a general meeting of his creditors (in this Ordinance referred to as the first meeting of creditors) shall be held for the purpose of considering whether a proposal for a composition or scheme of arrangement shall be accepted, or whether it is expedient that the debtor shall be adjudged bankrupt, and generally as to the mode of dealing with the debtor's property.
(2) The Chief Justice may, with the approval of Legislative Council, make rules providing for the summoning of and proceedings at the first and other meetings of creditors. (Replaced, 33 of 1939, Supp. Schedule, G.N. 840/40)
18. (1) Where a receiving order is made against a debtor, he shall, unless the court otherwise orders, make out and submit to the Official Receiver a statement of and in relation to his affairs in the prescribed form, verified by affidavit, and showing the particulars of the debtor's assets, debts and liabilities, wherever situate, the names, addresses and occupations of his creditors, whether in Hong Kong or elsewhere, the securities held by them respectively, the dates when the securities were respectively given, and such further or other information as may be prescribed or as the Official Receiver may require. Such statement shall also give details of all property held by him in a t'ong name or under any alias, or by his wife or any concubine of his, or by any person in trust for him or them, with full particulars as to the manner and date of its being acquired. (Amended, 65 of 1976, s. 3 and 47 of 1984, ss. 3 and 16)
(2) The statement shall be so submitted within the following times, namely-
(a) if the order is made on the petition of the debtor, within 3
days from the date of the order;
(b) if the order is made on the petition of a creditor, within 7
days from the date of the order,
but the court may, in either case for special reasons, extend the time.
(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, on the application of the Official Receiver or of any creditor, adjudge him bankrupt.
(4) Any person stating himself to be a creditor of the bankrupt may, on payment of the prescribed fee, personally or by agent inspect the statement at all reasonable times and take any copy thereof or extract therefrom, but any person untruthfully so stating himself to be a creditor shall be guilty of a contempt of court and shall be punishable accordingly on the application of the trustee or Official Receiver.