1979-HKRS28-16-27_Part01 — Page 52

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Adderlan of Schedule.

1973 & 67 Schedule 2

Oire and humedons of

Petitionest. 1972 c. 71, 1.2.

Schedule.

Efect of ablak bankruptcy order. Schedule.

3.

Official Petitioner

748. (1) For the purposes of discharging, in relation to cases in which a criminal bankruptcy order is made, the functions mentioned in subsection (2), there shall be an officer known as the Official Petitioner; and the Attorney General shall, by virtue of his once, be the Officia Petitioner.

(2) The functions of the Official Petitioner shall be-

(a) to consider whether, in a case where a criminal bankrupley order is made, it is in the public interest that he should himself present a criminal bankruptcy petition;

(b) to present a criminal bankruptcy petition in any such case where he determines it is in the public interest for him to do so;

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(e) to make payments, in such cases as he may deter- mine, towards expenses incurred; by other persons in connexion with proceedings pursuant to criminal bankruptcy petition of a "criminal bank- ruptcy administration petition;

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(d) to exercise, so far as he considers it to be in the public interest' to do so, any of the powats con- ferred on him by the Schedule.

(3) Neither the Official Pelitioner nor any person acting under his authority shall be liable to any action or pro ceeding in respect of anything done or omitted in the discharge, or purported discharge, of the functions of the Official Petitioner under or by virtue of this Ordinance.

(4) Any functions of the Official Petitioner under this Ordinance may be discharged on his behalf by any person acting with his authority.

Genera!

74C. The Schedule shall apply to give effect to the operation of this Ordinance in a case where a criminal bankruptcy order has been made and to supplement this Ordinance in relation to dispositions made by a person against whom such an order has been made.".

The principal Ordinance is amended by inserting after section 142 the following Schedule-

Interpretation

"SCHEDULE

CRIMINAL BANKUUPTCY ORDERS

1. In this Schedule-

PART I

GENERAL

[38. 74A, 748 and 74C.)

"criminal bankruptcy debt" means a debt deemed to be due to say person

by virtue of paragraph 3.

Aer of bankruptcy

Subject to the provisions of this Schedule, where a criminal bank- ruptcy order is made against any person he shall be treated as a debtor who has committed an act of bankruptcy on the date on which the order is made.

Creditors and criminal bankruptcy debts

3. A person specified in a criminal bankruptcy order as having Fuffered loss or damage of any amount shall be treated for the purpose of any ensuing proceedings pursuant to---

(6)

(0) bankruptcy petition presented by virtue of paragraph 2; or

a pelition under section 112 (administration in bankruptcy of estate of person dying insolvent) presented by virtue of this Schedule

as a creditor for a debt of that amount provable in the bankruptcy of the person against whom the order was made.

PART II

APPLICATION OF THE ORDINANCE IN PROCEEDINGS BASED ON A CRIMINAL BANKRUPTCY ORDER

Criminal bankruptcy petition

4. No crimiant bankruptcy petition shall be presented by the person who under paragraph 2 is the debtor; and, in relation to such a petition presented by a creditor, section 6 shall have effect with the following modifications—

(a) subsections (1)(a) and (b) and (2) (conditions as to nature of

debt) shall not apply to a criminal bankruptcy debt; and (b) subsection (1)(2) (domicile of debtor) shall be omitted.

Receiving order

5. For the purposes of section 9(2) and (3) (matters to be proved before receiving order is made) the act of bankruptcy which a person is treated by this Schedule as having committed and any criminal bankruptcy debt shall be treated as conclusively proved by the production of a copy of the criminal bankruptcy order in question and the following pro visions of that section shall not apply in relation to any such debt-

(a) so much of subsection (3) which provides that if the court is not satisfied that the assets for division among the unsecured creditors, after payment of all costs, charges and expenses, and the debts which are preferential under that Ordinance, will be sufficient to pay a dividend of 15 per cent, it may dismiss the petition:

(b) subsection (5);

(c) subsection (6).

Trustee of criminal bankrupt's property

6. Where a person is adjudged bankrupt in proceedings pursuant to a criminal bankruptcy petition the Official Receiver shall in the bank- ruptcy be the trustee of the property of the bankrupt and section 23 shall not apply in relation to any such proceedings.