653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 11

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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

Redirection of debtor's letters.

Discovery of property.

value of twenty-five dollars without the leave of the Official Receiver or Trustee. ·

(d.) If without good cause shown he fails to' attend

any examination ordered by the Court.

(e.) If there is probable reason for believing that the debtor has committed an offence punishable under

this Ordinance.

When an order of committal is made against a debtor or other person for disobeying any order of the Court or of the Official Receiver or Trustee to do some particular act or thing the Court may direct that the order of committal shall not be issued provided that such debtor or person as the case may be obeys the previous order within a specified time.

(2.) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Ordinance relating to fraudulent pre- ferences.

(3.) At any time after a receiving order has been made the Court may if it thinks fit issue a warrant for the seizure and detention of any books papers money or goods in the debtor's possession.

(4.) Warrants issued under the authority of this section may be in the Forms Nos. 23 and 24 of Schedule Á respectively.

25. Where a receiving order is made against a debtor the Court on the application of the Official Receiver or Trustee may from time to time order that for such time not exceeding three months as the Court thinks fit telegrams post letters and parcels addressed to the debtor at any specified place or places shall be redirected sent or delivered by the Agent of the Telegraph Company or the Colonial Postmaster General or the officers acting under him to the Official Receiver or the Trustee or otherwise as the Court directs and the same shall be done accordingly. The order may be in the Form No. 27 of Schedule A

26. (1.) The Court may at any time after a receiving order has been made against a debtor summon before it the debtor or his wife or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor or supposed to be indebted to the debtor or any person whom the Court may deem capable of giving information respecting the debtor his dealings or property and the Court may require any such person to produce any documents in his custody or power relating to the debtor his dealings or property.

(2.) If any person 50 summoned after having been

tendered a reasonable sum refuses to come before the Court at the time appointed or refuses to produce any such document having no lawful impediment made known to the Court at the time of its sitting and allowed by it the Court may by warrant cause him to be apprehended and brought up for examination.

(3.) The Court by itself or by a Commissioner appointed for the purpose may examine on oath either by word of mouth or by written interrogatories any person so brought before it concerning the debtor his dealings or property.

(4.) If any person on examination admits that he is indebted to the debtor the Court may on the application of the Official Receiver or Trustee by order in Form 26 of Schedule A order him to pay to the Receiver or Trustee at such time and in such manner as to the Court seems expedient the amount admitted or any part thereof either in full discharge of the whole amount in question or not as the Court thinks fit with or without costs of the examination. (5.) If any person on examination admits that he has in his possession any property belonging to the debtor the Court may on application of the Official Receiver or Trustee order him to deliver to the Official Receiver or Trustee such property or any part thereof at such time and in such manner and on such terms as to the Court may seem just.

(6.) The Court may if it think fit order that any person who if in Hongkong would be liable to be brought before it under this section shall be examined by a commissioner appointed for the purpose in any place out of Hongkong.

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(7.) In the case of the death of the debtor or his wife or of a witness whose evidence has been duly taken under this Ordinance the deposition of the person so deceased purport- ing to be sealed with the scal of the Court or a copy thereof purporting to be so sealed shall in all legal proceedings be admitted as evidence of the matters therein deposed to saying all just exceptions.

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