A 18
CAP. 6]
[Subsidiary]
Bankruptcy Rules
[1977 Ed.
Form 8.
dm 23/+
Application to set aside. R141. Form 8.
Duration of notice.
R142.
Service of notice.
R143.
Forms 7, 15, 16,
Setting aside notice.
R144. Form 9.
Description
and address of debtor.
R146.
Form 3.
which the judgment or order was obtained, he must within the time specified in the notice file an affidavit to that effect with the Registrar.
Hong Kong
(3) In the case of a notice served in the Colony the time shall be 3 days. In the case of a notice served elsewhere with the leave of the court under section 3 of the Ordinance, the Registrar when issuing the notice shall fix the time.
46. The filing of such affidavit shall operate as an application to set aside the bankruptcy notice and thereupon the court shall fix a day for hearing the application, and not less than 3 days before the day so fixed the Registrar shall give notice thereof both to the debtor and the creditor and to their respective solicitors, if known. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the court shall extend the time and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined.
47. Subject to the power of the court to extend the time, a bankruptcy notice to be served in the Colony shall be served within one month from the issue thereof.
48. A bankruptcy notice shall be served and service thereof shall be proved in the like manner as is by these rules prescribed for the service of a creditor's petition.
49. When the court makes an order setting aside the bankruptcy notice, it may at the same time declare that no act of bankruptcy has been committed by the debtor under such notice.
Petitions
50. (1) Where a petition is presented by a debtor, he shall, besides inserting therein his name and description and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.
(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.