TNAG-1610-FCO40-22132-Minutes-and-Hansards-of-the-Legislative-Council-of-Hong-Kong-1987 — Page 249

Sir,

Speech by the Hon. Michael Thomas, QC,

14

the Attorney General in the Legislative Council

on Wednesday 8 April 1987

Bankruptcy (Amendment) Rules 1987

Companies (Winding-Up) (Amendment) Rules 1987

I move the two resolutions standing in my name.

The purpose of the first resolution is to approve the

Bankruptcy (Amendment) Rules 1987 made by the Chief Justice

under section 113 of the Bankruptcy Ordinance.

The purpose

of the second resolution is to approve the Companies

(Winding-Up) (Amendment) Rules 1987 made by the Chief Justice

under section 296 of the Companies Ordinance.

2.

The rules deal with the hearing of applications

relating to individual bankruptcies and to company

liquidations respectively. Such hearings are, 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. The anomaly here is that the

judge dealing with bankruptcy is also the judge dealing with