189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 22

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THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 18, 1932.

Appropriation of Pay, Salary, Pensions, &c.

128. When a trustee mtends to apply to the court Notice to for an appropriation order under section 56 of the bankrupt of Ordinance, he shall give to the bankrupt notice of application. his intention so to do. Such notice shall specify the R272. time and place fixed for hearing the application, and Form 118. shall state that the bankrupt is at liberty to show cause against such order being made.

129. Where an order has been made for the pay- Review of ment by a bankrupt, or by his employer for the time order. being, of a portion of his income or salary, (including R275. any bonus or commission payable to him) the bank- rupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.

Disclaimer of Lease.

130.-(1) A lease may be disclaimed without the Disclaimer leave of the court in any of the following cases, of lease.

viz.

R276. Forms

(1) Where the bankrupt has not sub-let the 123-130.

demised premises or any part thereof or created a mortgage or charge upon the lease; and

(a) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $1,200 per

annum; or

(b) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within seven days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court. (ii) Where the bankrupt has sub-let the demised premises or created a mortgage or charge upon the lease, and the trustee serves the lessor and the sub-lessee or the mortgagees with notice of his intention to disclaim, and neither the lessor nor the sub-lessee or the mort- gagee or any of them, within fourteen days after the receipt of such notice, require or requires the matter to be brought before the court.

(2) Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.

(3) Where a trustee disclaims a lease he shall forth- with file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Office, register a memorial of such disclaimer in the Land Office; and the disclaimer shall contain particulars of the interest disclaimed, and a state- ment of the persons to whom notice of the disclaimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative.

(4) Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub- lessee, or mortgagee requires the trustee to apply to the

court for leave to disclaim, the costs

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