(Cap. 2213
(Cap. 221)
Proof of criminal bankrupicy debt in bankruptcy proceedings
7. (1) For the purpose of proving a criminal bankruptcy debt in proceedings pursuant to a criminal bankruptcy petition, a copy of the criminal bankruptcy order specifying the amount deemed by virtue of paragraph 3 to be due as a debt shall, subject to paragraph 5, be treated ás sufficient evidence of the debt unless it is shown by any party to the proceedings that the amount of the relevant loss or damage is greater or less than the amount specified in the order or that the loss or damage did not in fact result from any offence specified in the order; and if I is shown by any party to the proceedings that the amount of the relevant loss or damage is other than that specified in the order, paragraph 3 shall have effect as if that other amount had been specified in the ender, but without prejudice to the validity of the order if the amount of the relevant loss is shown not to exceed $150,000 or such other amount as may be specified in an order made under section 84A(5) of the Criminal Procedure Ordinance.
(2) Nothing in this paragraph or paragraph 3 shall be taken as prejudicing the proof in proceedings pursuant to a criminal bankruptcy petition of debts other than criminal bankruptcy debts.
(3) Nothing in sub-paragraph (1) shall be construed as entitling any pemod to contend that the offence or offences specified in a criminal bankruptcy order were not committed by the person against whom the order was made.
Recovery of assets for benefit of criminal bankrupt's creditors
8. (1) Without prejudice to any other provision of this Ordinance, sub-paragraphs (2) to (5) shall apply, where a person is adjudged bankrupt in proceedings pursuant to a criminal bankruptcy petition, with respeL to dispositions of property or any interest in propenly made by the bankrupt on or after the relevant dale, either by way of gift or for an under-value.
In this sub-paragraph, "relevant date" means the date specified in the criminal bankruptcy order (in accordance with section 84A(3)d) of the Criminal Procedure Ordinance) as the earliest date on which, the offence or, as the case may be, the earliest of the offences, was commilled. (2) On the application of the Official Receiver (in his capacity as trustee) the count may make orders requiring-
(a) the person taking under any such disposition; or
(6) subject to sub-paragraph (3), any other person who by virtue of any subsequent disposition acquired (whether or not from the person taking under the bankrupt's disposition) the whole or any part of the property or any interest therein,
to transfer the whole or any part of the property, or such interest as the order may specify, to the trustee, or to make such payments to the trustee as the court thinks just with a view to making available to the creditors the full value of the property or interest disposed of by the bankrupt (including any increase in its value since the disposition was made):
(3) No order shall be made by virtue of sub-paragraph (2)(5) against a person appearing to the court to have given full value for anything taken by him under a relevant disposition or to claim (directly or in- directly) through a person who gave full value.
(4) An order of the court under this paragraph requiring a person to transfer any properly or interest may include such consequential directions for giving effect to the order, and be made on such terms (including in particular terms allowing the person to retain or recover
consideration given by him for any relevant disposition) as the court thinks just in all the circumstances.
(5) In this paragraph, "disposition" includes any conveyance or assurance of property of any description.
Administration in bankruptcy of deceased ofender's estate
9. (1) Where an order for administration is made under section 112 on a criminal bankruptcy administration petition, so much of sub- section (4) of that section as enables the creditors to appoint a tristez of the property of the debtor in place of the Official Receiver shall not apply.
(2) Paragraph 7 shall apply in relation to proof of criminal bank- ruptcy debis in proceedings pursuant to a criminal bankruptcy administra- tion petition as it applies in relation to proof of such debts in proceedings pursuant to a celminal bankruptcy petition.
Bankruptcy proceedings otherwise than by virtue of this Schedule
10. Where a criminal bankruptcy order has been made against any person and a bankruptcy petition has been presented in respect of him before the order was made, or is presented in respect of him thereafter otherwise than by virtue of paragraph 2, the court may, on the applica- tion of the Official Petitioner, dismiss the petition, rescind any receiving order made in pursuance thereof or, if that person has been adjudged bankrupt, annul" the adjudication on such terms, if any, as the court thinks it.
Effect of appeal against conviction
II. (1) Subject to the provisions of this paragraph, the fact that an appeal is pending against any conviction by virtus of which a criminal bankruptcy order was made shall not preclude the taking of any proceed- ings by virtue of this Schedule in consequence of the making of the order.
(2) Where a person is adjusted bankrupt in proceedings pursuant to a criminal bankruptcy petition, no property shall be distributed by his trustee in bankruptcy and no order shall be made by the court under paragraph 8 so long as an appeal is pending against his conviction of any offence by virtue of which the criminal bankruptcy order was made. (3) For the purposes of this paragraph an appeal against a con- viction is pending-
(2) in any case until the expiration of the time for giving notice of appeal or applying for leave to appeal under section 830 of the Criminal Procedure Ordinance (disregarding any extension of Cap. 219 time which may be granted under subsection (3) of that section);
(b) if notice of appeal or of application for leave is given during that period and during that period the appellant notifies the Official Receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the Privy Council ís pending within the meaning of section 84B(5) of that Ordinance. (4) Where in consequence of an appeal a criminal bankruptcy order i rescinded-
(e) any bankruptcy petition based on the order shall lapse and any receiving order or adjudication of bankruptcy made in con- sequence thereof shall cease to have effect, but without prejudice to anything previously done thereunder,
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