653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 10

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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

(4.) If there be no Committee of Inspection any act or thing or any direction or permission by this Ordinance authorised or required to be done or given by the committee may be done or given by the Court on the application of the Trustee.

28. (1.) Where a debtor is adjudged bankrupt the creditors may if they think fit at any time after the adju- dication by special resolution resolve to entertain a proposal for a composition or scheme of arrangement under, this Ordinance and thereupon the same proceedings shall be and the same consequences shall ensue as in the case osition or scheme accepted before adjudication. When a composition or scheme is approved by the Court after adjudication or if the Court is satisfied by fresh evidence or otherwise that the debtor ought not to have been adjudged bankrupt or when the debts of the bankrupt are all paid in full with interest the Court may annul the adjudication but such annulment shall not invalidate or affect acts theretofore done by the Official Receiver Trustee or manager or any person acting under their authority or under the authority of the Court.

Control over Person and Property of Debtor.

(1.) Every debtor against whom a receiving order is made shall unless prevented by sickness or other sufficient cause attend the first meeting of his creditors and shall submit to such examination and give such information as the meeting may require.

(2.) He shall give such inventory of his property such list of his creditors and debtors and of the debts due to and from them respectively submit to such examination in re- spect of his property or his creditors attend such other meetings of his creditors wait at such time on the Official Receiver special manager or Trustee execute such powers of attorney conveyances deeds and instruments and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors as may be reasonably required by the Official Receiver special manager Trustee or any creditor or person interested.

(3.) He shall if adjudged bankrupt aid to the utmost of his power in the realisation of his property and the distri- bution of the proceeds among his creditors.

(4.) If a debtor wilfully fails to perform the duties im- posed on him by this section or to deliver up possession of any part of his property which is divisible amongst his creditors under this Ordinance and which is for the time being in his possession or under his control to the Official Receiver or to the Trustee or to any person authorised by the Court to take possession of it he shall in addition to any other punishment to which he may be subject be guilty of a contempt of Court and may be punished accordingly.

24. (1.) The Court may by warrant cause a debtor to be arrested and any books papers money and goods in his possession to be seized and him and them safely kept until such time as the Court may order under the following circumstances:-

(a.) If after a bankruptcy notice has been issued under this Ordinance or after presentation of a bankruptcy petition by or against him it appears to the Court that there is probable reason for believing that he has absconded or is about to abscond with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued or of avoiding service of a bankruptcy petition or of avoiding appearance to any such petition or of avoiding examination in respect of his affairs or of otherwise avoiding delaying or embarrassing proceedings in bankruptcy against him.

(b.) If after presentation of a bankruptcy petition by or against him it appears to the Court that there is probable cause for believing that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the Official Receiver or Trustee or that there is prob- able ground for believing that he has conccaled or is about to conceal or destroy any of his goods or any books documents or writings which might be of use to his creditors in the course of his bank- ruptcy. (c.) If after service of a bankruptcy petition on him or after a receiving order is made against him he removes any goods in his possession above the

Power to

accept com- position or scheme after adjudication und author-

ising adjudi- cation in certain cases.

Duties of

debtor as to realisation of

property

Arrest of debtor and seizure of his property.

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