653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 12

THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

Discharge of Bankrupt.

27. (1.) A bankrupt may at any time after being adjudged bankrupt apply to the Court for an order of discharge and the Court shall appoint a day for hearing the application but the application shall not be heard until the public examination. of the bankrupt is concluded. The application shall be heard in open Court.

(2.) Where the bankrupt does not of his own accord within such time as the Court shall deem reasonable apply for his discharge, the Court may of its own motion or on the application of the Trustee or of any creditor who has proved make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the Court and upon due service of the order, if the bankrupt shall not appear on the day fixed thereby the Court may make such order as it thinks fit subject to the provisions of this section.

(3.) On the hearing of the application or upon the day fixed for the bankrupt to come up for his discharge as aforesaid the Court subject to the provisions hereinafter contained may either grant or refuse an absolute order of discharge or suspond the operation of the order for a speci- fied time or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after-acquired property. Provided that the Court shall refuse the discharge in all cases where the bankrupt has committed any misdemeanour under this Ordinance and shall on proof of any of the facts hereinafter mentioned oither refuse the order or suspend the operation of the order for a specified time or grant an order of discharge subject to any such conditions as aforesaid,

(4.) The facts hereinbefore referred to are:-

(a.) That the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his bankruptcy.

(5.) That the bankrupt has carried on trade by means

of fictitions capital.

(c.) That the bankrupt has continued to trade after

knowing himself to be insolvent.

(d) That the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof Shall lie on him) of being able to pay it.

(c.) That the bankrupt has brought on his bankruptcy by rash and hazardous speculations or unjusti- fiable extravagance ju living.

(f) That the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexations defence to any action properly brought against hir

(g.) That the bankrupt has within three months next preceding the date of the receiving order when unable to pay his debts as they became due given an undue preference to any of his

creditors.

(h) That the bankrupt has on any previous occasion been adjudged bankrupt or made a statutory composition or arrangement with his creditors. (i) That the bankrupt has been guilty of any fraud

or fraudulent breach of trust.

(k.) That the bankrupt has since the commencement of the bankruptcy proceedings misconducted himself in connection with such proceedings. (1) That a dividend or dividends of 50 per centum has not been paid or will not in the opinion of the Trustee be payable on the debts proved. (5.) Provided further that the Court may where any of the facts mentioned in this sub-section (a.), (b.), (c.), (d.), (e.), (f), are proved to its satisfaction, summarily sentence the bankrupt to imprisonment for any term not exceeding one year.

(6.) The order to be made on the application may be in the Form No. 13 of Schedule A.

(7.) Notice of the appointment by the Court of the day for hearing the application for discharge shall be gazetted and published in at least one local newspaper not less than fourteen days at least before the day so appointed. The Court may hear the Trustee the Official Receiver and any

Discharge.

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