TNAG-1656-FCO40-2304-Hong-Kong-legislation-on-trade-1987 — Page 14

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A250

Ord. No. 39/87

BANKRUPTCY (AMENDMENT)

"(or, as the case may be, forthwith if the Official Receiver decides that the account need not be audited) one copy thereof shall be filed and kept by the Official Receiver, and the other copy shall be delivered to the court for filing, and each copy";

(c) by inserting after subsection (4) the following---

"(4A) Notwithstanding the fact that unaudited copies of an account have already been filed, the Official Receiver may subsequently cause that account to be audited, and in that event a copy of the audited account shall be filed and kept by the Official Receiver, and a further copy shall be delivered to the court for filing, and each copy shall be open, upon payment of the prescribed fee, to the inspection of any creditor or of the bankrupt or of any person interested."; and

(d) in subsection (5) by deleting “, after such audit or examination,”.

Amendment of section 114.

4.

Section 114 of the principal Ordinance is amended-

(a) in subsection (1) by inserting after "Legislative Council," the

following

"by order"; and

(b) by inserting, after subsection (2), the following—

(39 of 1987.)

"(3) The amount of any fees prescribed under this section shall not be limited by reference to the amount of administra- tive or other costs incurred or likely to be incurred by the Official Receiver in proceedings in bankruptcy or in any particular bankruptcy.

(4) Orders made under this section may authorize the court to fix any fee or to vary the amount of any fee otherwise prescribed.

(5) No fee prescribed under this section shall be invalid by reason only of the amount of that fee.

(6) Fees required to be paid under orders made under this section shall be recoverable as a debt.

(7) Orders made under this section before the com- mencement of the Bankruptcy (Amendment) Ordinance 1987 and in force immediately before such commencement, shall have effect as from the commencement of that Ordinance as if made under this section as amended by that Ordinance.”.

Passed by the Hong Kong Legislative Council this 1st day of July 1987.

LAW Kam-sang,

Clerk to the Legislative Council.

BANKRUPTCY (AMENDMENT)

Ord. No. 39/87

A251

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.

LAW Kam-sang, Clerk to the Legislative Council.

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