189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 16

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932. 811

(2) Where the application is made by the Official Receiver, it may be made ex parte, and the evidence in support of the application may be given by a report of the Official Receiver to the court, the contents of which report shall be received as primá facic evidence of the matters therein stated.

(3) Where the application is made by some person, other than the Official Receiver, it shall be made by motion, of which notice shall be given to the Official Receiver and trustee (if any), and shall, except in the case of a lunatic so found by inquisition, be support- ed by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor.

(4) Where the order is made on the application of the Official Receiver, the expense of holding the examination shall be deemed to be an expense incurred by the Official Receiver within the meaning of section 37 of the Ordinance. Where the application is made by any other person, he shall, before any order is made on the application, deposit with the Official Receiver such sum as the Official Receiver shall certify to be necessary for the expenses of the examination.

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Discharge,

88.-(1) A bankrupt intending to apply for his Application. discharge shall file an application for a day to be R227. fixed for the hearing and when a day for the hear- Forms 81, ing has been fixed the Official Receiver shall forth- 82, 83, 84. with send notice thereof to the Gazette and to one local newspaper.

(2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the Official Receiver to each creditor not less than 14 days before the day so appointed.

R229

89. Without prejudice to the provisions of section Appeals. 98 of the Ordinance, an appeal to the Full Court shall lie at the instance of the Official Receiver from any order of the court made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication.

90. In every case of an application by a bank- Report of rupt for his discharge, the report of the Official Official Receiver shall be filed not less than seven days before Receiver. the time fixed for hearing the application.

R230.

91. Where a bankrupt intends to dispute any Evidence in statement with regard to his conduct and affairs con- answer to tained in the Official Receiver's report, he shall, not report. less than three days before the hearing of the applica- R231. tion for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor, who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report, shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application.

92. A bankrupt shall not be entitled to have any Costs of

of the costs of or incidental to his application for his application. discharge allowed to him out of his estate.

K232.