IN 23/24
1977 Ed.]
Hong
Bankruptcy Rules
[CAP. 6
A 19
[Subsidiary]
Attestation.
R148.
51. Every bankruptcy petition shall be attested. If it be attested in the Colony, the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of the Colony, the witness must be a judge or magistrate or a British consul or vice-consul or a notary public.
51A. Where a petitioner presents or files at court any document in connexion with any bankruptcy proceedings, he or his solicitor shall, within 24 hours of such presentation or filing, serve a copy of the document presented or filed on the Official Receiver.
52. (1) Upon the presentation of a petition either by the debtor or by a creditor, the petitioner shall deposit with the Official Receiver the sum of $600 and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver, and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar.
(2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance.
53. When a petition is filed, the Official Receiver may register a memorial of the petition in the Land Office or in any District Land Office against any property registered therein in the name of the debtor or in any alias of his or in his t'ong name, or in the name of any t'ong in which he has any share or interest, or in the name or names of any wife or concubine of the debtor. This provision shall, so far as the nature of the case will admit, apply in the case of any person carrying on business in a name or style other than his own.
54. The Official Receiver may in either of the cases mentioned in rule 133 or 135 register a memorial of the petition in the Land Office or in any District Land Office against any property registered in the name or names of any partner or partners in the debtor firm or in any alias of his or theirs or in any t'ong name of his or theirs, or in the name of any t'ong in which he or they has or have any share or interest, or in the name or names of any wife or concubine of his or theirs respectively.
Copies of documents filed in bankruptcy proceedings to be served on Official Receiver. L.N. 272/77.
Deposit by petitioner.
R149. L.N. 46/64.
L.N. 39/76.
(Cap. 6.)
Registration of petition in Land Office or District Land Office.
Registration of petition in Land Office or District Land Office against partner.