XN000022-1987-04-08 — Page 16

WEDNESDAY, APRIL 8, 1987

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NEW RULES FOR BANKRUPTCY AND LIQUIDATION APPROVED *****

NEW RULES ON THE HEARING OF APPLICATIONS RELATING TO INDIVIDUAL BANKRUPTCIES AND TO COMPANY LIQUIDATIONS WERE APPROVED IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

MOVING TWO RESOLUTIONS OF THE BANKRUPTCY (AMENDMENT) RULES 1987 AND THE COMPANIES (WINDING-UP) (AMENDMENT) RULES 1987, THE ATTORNEY-GENERAL, THE HON MICHAEL THOMAS SAID THESE RULES WERE MADE BY THE CHIEF JUSTICE TO ENABLE APPLICATIONS RELATING TO SUCH PROCEEDINGS TO BE ADJOURNED AT THE DISCRETION OF A JUDGE, FOR DETERMINATION IN CHAMBERS BY THE REGISTRAR OF THE SUPREME COURT.

+PROVISION IS MADE FOR THESE MATTERS TO BE ADJOURNED FROM CHAMBERS BACK TO COURT AT THE DISCRETION OF THE REGISTRAR OF A JUDGE, OR IF THE CONTENDING PARTIES SO REQUEST IT, HE SAID.

HE NOTED THAT SUCH HEARINGS WERE, ACCORDING TO THE NATURE OF THE APPLICATION, DETERMINED BY A JUDGE IN OPEN COURT OR BY A JUDGE IN CHAMBERS.

+THERE IS SOME DISPARITY HOWEVER. WHILE IT IS POSSIBLE FOR HEARINGS RELATING TO COMPANY LIQUIDATIONS AT THE DISCRETION OF A JUDGE TO BE ADJOURNED FOR DETERMINATION IN CHAMBERS BY THE REGISTRAR OF THE SUPREME COURT, THAT IS NOT POSSIBLE FOR HEARINGS RELATING TO INDIVIDUAL BANKRUPTCIES,+ HE SAID.

+THE ANOMALY HERE IS THAT THE JUDGE DEALING WITH BANKRUPTCY IS ALSO THE JUDGE DEALING WITH COMPANIES AND THE PROCEDURES UNDER THE TWO SETS OF RULES ARE VERY MUCH THE SAME,+ HE ADDED.

HE SAID THAT THE MAJORITY OF APPLICATIONS TO COURT WERE FORMAL IN NATURE, UNCONTESTED AND GENERALLY WERE WITHOUT THE APPEARANCE OF THE APPLICANT OR THE PARTY WITH WHOM THE APPLICATION WAS CONCERNED.

+IN SUCH CIRCUMSTANCES THERE IS NO NEED FOR A HEARING BY A JUDGE WHETHER IN COURT OR IN CHAMBERS. SUCH APPLICATION CAN BE DEALT WITH ADEQUATELY BY THE REGISTRAR OF THE SUPREME COURT IN CHAMBERS,+ HE SAID.

ROAD USERS' CODE APPROVED *****

A RESOLUTION TO APPROVE THE ROAD USERS' CODE AS A COMPREHENSIVE GUIDE FOR MOTORISTS AND PEDESTRIANS WAS MOVED BY THE SECRETARY FOR TRANSPORT, THE HON MICHAEL LEUNG, IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

THE CODE, PREPARED UNDER SECTION 109(1) OF THE ROAD TRAFFIC ORDINANCE, WAS DESIGNED NOT ONLY TO GIVE A COMPREHENSIVE SUMMARY OF HONG KONG'S TRAFFIC LEGISLATION REQUIREMENTS IN LAY TERMS BUT ALSO TO PROVIDE ADDITIONAL RULES OF CONDUCT TO COMPLEMENT THE LEGISLATION, MR LEUNG SAID.

/MOREOVER, THE