649951-1892-Ordinances-5-and-6-of-1892-Assented-to — Page 3

THE HONGKONG GOVERNMENT GAZETTE, 14TH MAY, 1892.

No. 6 or 1892.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to amend "The Bankruptcy Ordinance, 1891.”

LS

WILLIAM ROBINSON,

Governor.

[14th May, 1892.]

L

し

..........

BE it enacted by the Governor of Hongkong, with the

advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance shall be read and construed as one with Ordinance No. 20 of 1891 hereinafter called the principal Ordinance.

2. In (e) of sub-section (1) of section 4 of the principal Ordinance the words "or if execution against his property has been completed as provided in section 38" shall be struck out.

In (g) of sub-section (1) of section 4 of the principal Ordinance the words "for appearance to a Writ of Sum- mons" shall be struck out.

3. In (e) of sub-section (1) of section 6 of the principal Ordinance the word "three" shall be struck out and in lieu thereof shall be inserted and read the word "four."

4. Iu sub-section (1) of section 7 of the principal Ordinance the words "in any suit in the Court" shall be struck out.

5. In sub-section (1) of section 8 of the principal Ordi- nance after the word declaration the word "or" shall be struck out and in lieu thereof shall be inserted and read the word "of" and after the words "receiving order" shall be inserted and read the words following, that is to say :-

""

"Provided that it shall be lawful in the discretion of "the Court to refuse the order unless satisfied that "there are or will be substantial assets for division

among the creditors."

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6. Sub-section (1) of section 10 is hereby repealed and in lieu thereof shall be inserted and read the words following, that is to say :--

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"On the making of a Receiving Order, the Official Re- "ceiver appointed under this Ordinance shall be thereby constitnted receiver of the property of "the debtor, and thereafter except as directed by "this Ordinance no creditor to whom the debtor "is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of "the debt or shall commence or continue any "action or other legal proceedings unless with "the leave of the Court and on such terms as the "Court may impose. On making the Receiv- "ing Order the Court may, if it think fit, direct "that no execution against the person of the "debtor shall be stayed until the debtor find suffi- "cient security to appear and abide by all orders "of the Court in relation to the Bankruptcy pro-

"

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ceedings, or until further order, and in such case any creditor may, in the meantime, proceed "to execution against the person of the debtor "in the same way as if no Receiving Order had "been made."

7. In sub-section (7) of section 15 of the principal Ordi- uance the words "within the Colony" shall be struck out.

8. In sub-section (1) of section 17 the words "has been submitted" shall be struck out.

9. In sub-section (6) of section 18 the words "the terms thereof shall be" shall be struck out.

10. In (a) of sub-section (4) of section 27 of the principal Ordinance after the words "That the Bankrupt "shall be inserted and read the words "with intent to conceal the true state of his affairs."

Ordinance 0

be read with the principal Ordinance.

Amendment

of section 4.

Amendment.

Gî section 5,

Amendment

of section 7.

Amendment of section ",

Amendment of section 10.

Amendment of section 15.

Amendment

of section 17.

Amendment

of section 18.

Amendments

of station 27.

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