189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 12

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

as

with the Official Receiver such additional sum the Official Receiver may from time to time direct; and such sum shall be deposited within 48 hours after the making of a written request therefor. If such additional sum shall not be so deposited, the order appointing the interim receiver may be dis charged by the court.

63. If an order appointing an interim receiver Repayment is followed by a receiving order, the deposits made of deposit.

by the creditor, on whose application such interim R164. receiver was appointed, shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable, and the expenses incurred by the interim receiver), out of the proceeds of the estate in the order of priority prescribed by the Ordinance.

64. Where, after an order has been made appoint- Damages if ing an interim receiver, the petition is dismissed, petition

dismissed.

the court shall, upon application to be made within R165.

twenty-one days from the date of the dismissal there- of, adjudicate, with respect to any damages or claim thereto arising out of the appointment, and shall make such order as the court thinks fit; and such decision or order shall be final and conclusive between the parties.

Hearing of Petition.

to

the Time of

65. The Registrar shall, after reference Official Receiver, appoint the time and place at which hearing. the petition will be heard, and notice thereof shall be R167. written on the petition and sealed copy, and where the petition has not been served the Registrar may, after such reference as aforesaid, from time to time alter the first day so appointed, and appoint another day and hour.

66. Where there are more respondents than one Several to a petition the rules as to service shall be observed respondents. with respect to each respondent, but where all the R168. respondents have not been served, the petition may be heard separately or collectively as to the respond- ent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected.

to show

67. Where a debtor intends to show cause against Debtor a petition he shall file a notice with the Official intending Receiver specifying the grounds on which he intends cause. to show cause, and shall post to the petitioning R169. creditor Or to his solicitor a. copy of the notice, Form 17. in each case three days before the day on which the petition is to be heard.

68. If the debtor does not appear at the hearing, Non-appear- the court may on hearing the petitioning creditor and ance of the Official Receiver either dismiss the petition or debtor. make a receiving order on such proof of the state- R170. ments in the petition and of the amount of assets Forms and liabilities as the court shall think sufficient. 23, 25, 26.

69. On the hearing of the petition the amount of Hearing of assets and liabilities, and, in the case of a creditor's petition. petition, any matters which the debtor shall have R171. given notice that he intends to dispute, shall be proved.

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