189220-1932-Rules-made-by-the-Chief-Justice-under-section-114-of-the-Bankruptcy-Ordinance-1931 — Page 28

THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER IS, 1932. 823

(2) As soon as any such proceedings are commenced it shall be the duty of the Official Receiver to report the same to the Colonial Secretary, who shall deter- mine whether or not such proceedings shall be resisted or defended.

(3) The Official Receiver shall not, unless the court shall otherwise order, be entitled to be paid out of the estate any costs or expenses which he may have to pay or bear in consequence of resisting or defending any such proceedings, unless the Colonial Secretary has determined that such proceedings shall be resisted or defended.

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(4) The Official Receiver shall, if necessary, apply to the court for any reasonable adjonument of any motion, or other summary proceedings before the court pending the determination of

Colonin! Secretary upon the question whether such motion or proceedings shall be resisted or A-fonded. And the court may grant an adjournment upon such terms as it shall think fit.

(5) If such proceedings are commenced before the appointment of a trustee by the creditors, or before the approval of a composition or scheme, the Official Receiver may, before putting the trustee appointed by the creditors, or in the case of a composition the debtor himself into possession of the debtor's pro- perty, retain the whole or some part of the debtor's estate according as the Colonial Secretary shall in each case direct, to meet the damages, costs, or expenses which the Official Receiver may have to pay or bear in consequence of the said proceedings. If such proceedings are commenced after the appointinent of a trustee by the creditors or after the approval of a composition or scheme, the Official Receiver shall forthwith give notice of such proceedings to the trustee, or other person in whom the estate of the debtor may be vested (including where necessary the debtor himself), and the estate of the debtor shall, as from the date of such notice, be deemed to be charged with the payment of the said damages, costs,

nd expenses.

Outside Trustees.

162. On the appointment of a trustee, notice of Notice of his appointment shall forthwith be gazetted by the appoint- Official Receiver. Notice of his appointment shall if ment. he considers it necessary be inserted by the Official R327. Receiver in a local paper. The expense of such gazetting and notice shall be borne by the estate.

163. It shall be a sufficient reason for refusing to Grounds approve the appointment of a person as trustee that for re- in any other proceedings under the Ordinance such fusing to person has either been removed under section 96 (2) appoint. of the Ordinance from the office of trustee, or has R330. failed or neglected, without good cause shown by him, to render his accounts for audit for two months after the date by which the same should have been rendered.

164. Where a trustee or special manager has given Removal for security in the prescribed manner, but fails to keep failing to up such security, or, if called upon to do so, to

keep up or increase increase such security, the court may remove him security. from his office.

R331.

165. Where a trustee is removed by the court, Removal by the order removing him shall at once be filed with court. the proceedings in the matter and shall also be R332. gazetted by the Official Receiver.

166. A trustee intending to resign his office shall Notice of call a meeting of creditors to consider whether his resignation. resignation shall be accepted or not, and shall give R333. not less than seven days' notice of the meeting to the Official Receiver.