CO129-308 - Public Offices - 1901 — Page 439

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

C.O.

20409

434

14 JUN OF

COPY

HONG KONG BANKRUPTCY LAW AMENDING ORDINANCE OPINION

The observations which I have to offer upon the Hong Kong Bankruptcy Law Amending Ordinance, and the state of the law which it was passed to alter are as follows:-

The present position of the Bankruptcy law in relation to a foreigner who in his own name, or a firm name, trades in this country by means of a fully authorised manager is most unsatisfactory.

This can be seen by contrasting the decision in Cook v. C.A. Vogeler Co. with the decision in re Clark (1898) 1 Q.B. 20.

In the latter case the debtor was a Chilean who had traded at Buenos Aires and Valparaiso, but not in England and resided at Boulogne.

He incurred debts abroad, and amongst others a debt to a German firm on a bill of exchange payable in London. He was served with a writ while temporarily in England and judgment was obtained.

After the judgment had been obtained a bankruptcy notice on the judgment was served on the Debtor while he was at a hotel in London temporarily for one night. By not complying with the notice he was held to have committed an act of bankruptcy. Later on, when the Debtor was again temporarily in England, he was served with a judgment summons under the Debtors' Act and on the hearing of the Summons a Receiving Order was made under Section 103 of the Bankruptcy Act, which Order the Court of Appeal upheld.

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C.O. 20409 434 14 JUN OF COPY HONG KONG BANKRUPTCY LAW AMENDING ORDINANCE OPINION The observations which I have to offer upon the Hong Kong Bankruptcy Law Amending Ordinance, and the state of the law which it was passed to alter are as follows:- 1. The present position of the Bankruptcy law in relation to a foreigner who in his own name, or a firm name, trades in this country by means of a fully authorised manager is most unsatisfactory. This can be seen by contrasting the decision in Cook v. C.A. Vogeler Co. with the decision in re Clark (1898) 1 Q.B. 20. In the latter case the debtor was a Chilean who had traded at Buenos Aires and Valparaiso, but not in England and resided at Boulogne. He incurred debts abroad, and amongst others a debt to a German firm on a bill of exchange payable in London. He was served with a writ while temporarily in England and judgment was obtained. After the judgment had been obtained a bankruptcy notice on the judgment was served on the Debtor while he was at a hotel in London temporarily for one night. By not complying with the notice he was held to have committed an act of bankruptcy. Later on, when the Debtor was again temporarily in England, he was served with a judgment summons under the Debtors' Act and on the hearing of the Summons a Receiving Order was made under Section 103 of the Bankruptcy Act, which Order the Court of Appeal upheld.

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C.0. 20409 434 14 JUN OF COPY HONG KONG BANKRUPTCY LAW AMENDING ORDINANCE OPINION The observations which I have to offer upon the Hong Kong Bankruptcy Law Amending Ordinance, and the state of the law which it was passed to alter are as follows:- 1. The present position of the Bankruptcy law in relation to a foreigner who in his own name, or a firm name, trades in this country by means of a fully authorised manager is most unsatisfactory. This can be seen by contrasting the decision in Cooka neil £.c.12. v.C.A.Vogeler Co with the decision in re Clark (1898) 1. Q.B.20. In the latter case the debtor was a Chilian who had traded at Buenos Ayres and Valparaiso,but not in England and resided at Boulogne. He incurred debts abroad, and amongst others a debt to a German firm on a bill of ex- change payable in London. He was served with a writ whila temporarily in England and judgment was obtained. After the judgment had been obtained a bankruptcy notice on the judgment was served on the Debtor while he was at an hotel in London temporarily for one night. By not complying with the notice he was held to have committed an act of bankruptcy. Later on, when the Debtor was again temporari- ly in England, he was served with a judgment surmons under the Debtors' Act and on the hearing of the Summons a Re- ceiving Order was made under Section 103 of the Bankruptcy Act which Order the Court of Appeal upheld.

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C.0.

20409

434

14 JUN OF

COPY

HONG KONG BANKRUPTCY LAW

AMENDING

ORDINANCE

OPINION

The observations which I have to offer upon the Hong

Kong Bankruptcy Law Amending Ordinance, and the state of

the law which it was passed to alter are as follows:-

The present position of the Bankruptcy law in relation

to a foreigner who in his own name, or a firm name, trades

in this country by means of a fully authorised manager is

most unsatisfactory.

This can be seen by contrasting the decision in Cooka neil £.c.12. v.C.A.Vogeler Co with the decision in re Clark (1898) 1.

Q.B.20.

In the latter case the debtor was a Chilian who had

traded at Buenos Ayres and Valparaiso,but not in England

and resided at Boulogne.

He incurred debts abroad, and

amongst others a debt to a German firm on a bill of ex- change payable in London. He was served with a writ whila temporarily in England and judgment was obtained.

After

the judgment had been obtained a bankruptcy notice on the judgment was served on the Debtor while he was at an hotel in London temporarily for one night. By not complying

with the notice he was held to have committed an act of bankruptcy. Later on, when the Debtor was again temporari- ly in England, he was served with a judgment surmons under the Debtors' Act and on the hearing of the Summons a Re- ceiving Order was made under Section 103 of the Bankruptcy Act which Order the Court of Appeal upheld.

CO129-308 - Public Offices - 1901 — Page 439

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