28
CAP. 6]
Bankruptcy
[1986 Ed.
1926 c. 7, s. 1(2).
(d) that the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof shall lie on him) of being able to pay it;
(e) that the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities;
(f) that the bankrupt has brought on or contributed to his bankruptcy by rash and hazardous speculations, or by unjustifiable extravagance in living, or by gambling, or by culpable neglect of his business affairs;
(g) that the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him;
(h) that the bankrupt has brought on or contributed to his bankruptcy by incurring unjustifiable expense by bringing a frivolous or vexatious action;
(i) that the bankrupt has within 3 months preceding the date of the receiving order, when unable to pay his debts as they become due, given an undue preference to any of his creditors;
(j) that the bankrupt has within 3 months preceding the date of the receiving order incurred liabilities with a view to making his assets equal to 50 per cent of his unsecured liabilities:
(k) that the bankrupt has on any previous occasion, whether in Hong Kong or elsewhere, been adjudged bankrupt or made a composition or arrangement with his creditors; (Amended, 47 of 1984, s. 16)
(l) that the bankrupt has been guilty of any fraud or fraudulent breach of trust.
(5) The court may, on proof to its satisfaction of any of the facts mentioned in subsection (4)(b), (c), (d), (f), (g), (h), (i) or (l), summarily sentence the bankrupt to imprisonment for 1 year.
(6) For the purposes of this section, bankrupt's assets shall be deemed of a value equal to 50 per cent of his unsecured liabilities when the court is satisfied that the property of the bankrupt has realized or is likely to realize, or with due care in realization might have realized, an amount equal to 50 per cent of his unsecured liabilities, and a report by the Official Receiver or the trustee shall be prima facie evidence of the amount of such liabilities.
(7) For the purposes of this section, the report of the Official Receiver shall be prima facie evidence of the statements therein contained.
(8) Notice of the appointment by the court of the day for hearing the application for discharge shall be published as the court