189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 14

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

79.-(1) The costs of all proceedings under the Costs of Ordinance, down to and including the making of a petition, &c. receiving order, shall be borne by the party prosecut- R187. ing the same, unless the court shall order that the debtor shall pay the whole or any part of them, or, in the case of a receiving order being made on 2 debtor's petition while a creditor's petition against such debtor is pending, that they shall be paid out of the estate. When a receiving order is made on a creditor's petition the costs of the petitioning creditor, including the costs of the bankruptcy notice, if any, sued out by him, shall be taxed and be payable out of the estate.

(2) When the proceeds of the estate are not suffi- cient for the payment of any costs properly incurred by the Official Receiver in excess of the deposit be- tween the making of a receiving order and the con- clusion of the first meeting of creditors, the court may order such costs to be paid by the party pro- secuting the proceedings.

stay pro-

80.-(1) An application to the court to rescind à Application receiving order or to stay proceedings thereunder, or to rescind to annul an adjudication, made by any person other order, to than the Official Receiver, shall not be heard except ceedings upon proof that notice of the intended application, thereunder, and a copy of the affidavits in support thereof have or to annul been duly served upon the Official Receiver. Notice adjudication, of any such application shall be served on the Official R188. Receiver not less than seven days before the day Forms named in the notice for hearing the application. 79, 18, 19. Pending the hearing of the application, the court may make an interim order staying such of the pro- ceedings as it thinks fit.

(2) In any case in which any such applica- Application tion is made by the Official Receiver, four days by Official

Receiver. notice thereof and a copy of any report in sup- port thereof shall be served on the debtor and the petitioning crediter (if any): provided that where such service is found to be impracticable by reason of the debtor or the petitioning creditor being out of the Colony or not being able to be found at his or their usual or last known address or places of business no objection shall be taken to the application on the ground of such service not having been effected.

court Report by order Official

(8) Where an application is made to the to rescind a receiving order or annul an of adjudication, the Official Receiver shall make Receiver on application and file four days before the day appointed for to rescind hearing the application a report as to the debtor's receiving conduct and affairs, including a report as to his con- order or duct during the proceedings, and the court on the annul ad-

judication. hearing of the application shall hear and consider such report and such further evidence as

may be adduced by any party, and any objections which may be made by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the applica- tion the report shall be primâ facie evidence of the statements therein contained.

(4) For the purposes of this rule the expression "creditor" includes all creditors who are mentioned. in the debtor's statement of affairs or who have notified to the Official Receiver or trustee that they have, or at the date of the receiving order had, claims against the debtor.

809