46
CAP. 6]
Bankruptcy
[1986 Ed.
Rules.
Forms 100, 103.
Seizure of property of bankrupt.
1914 c. 59, s. 49.
Rules. Form 108.
Sale of property out of Hong Kong.
Appropriation of portion of pay, etc. to creditors.
1914 c. 59, s. 51. Rules.
Forms 118, 120.
Rules.
Form 121.
(4) Where any part of the property of the bankrupt consists of things in action, such things shall be deemed to have been duly assigned to the trustee.
(5) Subject to the provisions of this Ordinance with respect to property acquired by a bankrupt after adjudication, any treasurer or other officer, or any banker, attorney, clerk, servant, comprador, employer or agent, of a bankrupt, shall pay and deliver to the trustee all money and securities in his possession or power, which he is not by law entitled to retain as against the bankrupt or the trustee.
If he does not, he shall be guilty of a contempt of court and may be punished accordingly on the application of the trustee.
54. Any person acting under warrant of the court may seize any part of the property of a bankrupt, or of a debtor against whom a receiving order has been made, in the custody or possession of the bankrupt or the debtor or of any other person, and with a view to such seizure may break open any house, building or room of the bankrupt or the debtor where the bankrupt or the debtor is supposed to be, or any building or receptacle of the bankrupt or the debtor where any of his property is supposed to be; and where the court is satisfied that there is reason to believe that property of a bankrupt, or of a debtor against whom a receiving order has been made, is concealed in a house or place not belonging to him, the court may if it thinks fit grant a search warrant to any constable or officer of the court, who may execute it according to its tenor.
55. Where the bankrupt is possessed of any property out of Hong Kong, the trustee shall require him to join in selling the same for the benefit of the creditors and to sign all necessary authorities, powers, deeds and documents for the purpose, and if and so often as the bankrupt refuses to do so he may be punished for a contempt of court.
(Amended, 47 of 1984, s. 16)
56. (1) Where a bankrupt is an officer of the navy, army or air force, or an officer or clerk or otherwise employed or engaged in the civil service of the Crown, or where a bankrupt is in receipt of any pay or pension from the Government or is entitled to any allowance or compensation granted by the Government, the trustee shall receive for distribution among the creditors so much of the bankrupt's pay, salary, pension, allowance or compensation as the court, with the consent of the Governor, on the application of the trustee, may direct. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
(2) Where a bankrupt is in receipt of a salary or income other than as aforesaid, the court, on the application of the trustee, may from time to time make such order as it thinks just for the payment of the salary or income or of any part thereof to the trustee, to be applied by him in such manner as the court may direct.