1979-HKRS28-16-27_Part01 — Page 54

(b) where any such adjudication ceases to have effect, the property of the person who was adjudicated bankrupt shall revert to him for all his estate or interest therein; and

(c) the court may, on his application or on the application of the Official Receiver, by order give such directions, if any, as appear to the said court to be necessary or desirable in consequence of the provisions of sub-paragraphs (d) and (5).

(5) Where in consequence of an appeal a criminal bankruptcy order is amended by the deletion of any amount specified therein as the loss or damage suffered by any person. paragraph 3 shall not thereafter apply to that loss or damage but without prejudice to anything done before the amendment takes effect.

PART III

FUNCTIONS OF OFFICIAL PETITIONER

Presentation of criminal bankruptcy petition by Official Petitioner

12. (1) The Official Petitioner may present a criminal bankruptcy petition, and a receiving order may be made on that petition.

(2) Section 6, as modifed by paragraph 4 of this Schedule, shall apply to a criminal bankruptcy petition presented by the Official Petitioner as il applies to a petition presented by a credflor, but the court may allow the petition to be presented later than required by subsection (1)c) of that section.

(3) The following provisions-

(2) section 9(2) (making of receiving order on creditor's petition): (6) acation 9(3) (dismissal of petition); and

(c) section 97) (withdrawal of creditor's petition),

shall apply in relation to a criminal bankruptcy petition presented by the Official Pellioner as if any reference to the debt of the pelstioning creditor Wert a reference to any criminal bankruptcy debt within the meaning of this Schedule; and paragraph $ shall have effect in relation to section 9(2) and (3) as they apply by virtue of this paragraph.

Presentation of criminal bankruptcy administration petition by Official

Petitioner

13. (1) The Official Petitioner may present a pelition under section 112 in any case in which a creditor could do so by virtue of this Schedule, and an order may be made under that section on that petition. (2) Section 112(2) shall have effect in relation to a petition presented by the Oficial Petitioner as if the reference to the petitioner's debt were a reference to any criminal bankruptcy debt within the meaning of this Schedule.

Participation of Official Petitioner in proceedings brought by virtue of

this Schedule (whether by the Official Petitioner or by a creditor)

14. (1) In the case of proceedings pursuant to a criminal bankruptcy petition of a criminal bankruptcy, administration petition, the Official Petitioner shall be entitled-

(a) to attend any meeting of creditors and, before the meeting, to receive any notice or other document required to be sent before such a meeting to any creditor;

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(b) to be a member of any committee of inspection appointed under section 24, but not so as to count towards the number of members mentioned in subsection (2) or (9), or be subject to removal under subsection (7), of that section;

(c) to be a party to any such proceedings before the court. (2) to the case of proceedings pursuant to

(a) a criminal bankruptcy petition or a criminal bankruptcy ad- ministration petition, the provisions of the Ordinance mentioned in sub-pamgraph (3) shall have effect as if any reference to a creditor, or to a creditor who has proved or tendered a proof, included a reference to the Official Petitioner; and

(b) a criminal bankruptcy administration petition, the expression "a petition under this section" in section 112(8) shall' include a reference to a petition by the Official Petitioner.

(3) The provisions referred to in sub-paragraph (2) are--

(a) section 15 (power to appoint special manager);

(b) section 18(2) and (4) (debror's statement of affairs);

(e) section 19(4) and (8) (public examination of debtor);

(d) section 20(5). (6) aud (8) (compositions and schemes of

arrangement);

(e) section 30(2) and (8) (discharge of bankrupt);

(9) section 42 (relation back of trustee's title);

(g) section 7801Xe) (report to creditors of debtor's proposal);

(h) section 83 (appeal to court against act or decision of trustee)",

Passed by the Hong Kong Legislative Council this 25th day of April 1979.

Pla

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill. and is found by me to be a true and correctly printed copy of the said bill.

Pa

Clerk to the Legislative Council.