653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 25

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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

Forms.

Punishment

of Fraudulent Debtors.

(2.) The application for administration according to the bankruptcy law shall when made in respect of the estate of a deceased person be served upon the personal representative of such deceased person or if there be none in the Colony upon Official Administrator of intestate estates.

(3.) Upon an order being made for the administration of an estate according to the law of bankruptcy the Court shall appoint a Trustee in whom all the debtor's property shall vest for the purpose of distribution.

(4.) Subject to the provisions of this section the provi- sions of Parts III and IV of this Ordinance shall so far as the same are applicable apply to the case of an admi- nistration according to the bankruptcy law in like manner as to an adjudication of bankruptcy.

(5.) In the case of the administration of the estate of a deceased person according to the bankruptcy law funeral and testamentary expenses shall be deemed a preferential debt.

(6.) Notice of the presentation of a petition under this section shall in the event of an order for administration being made thereou be deemed equivalent to notice of an act of bankruptcy and any transfer disposition charge delivery contract or payment made relating to or affecting the property to be administered under the order any execu- tion or attachment had against the said property or any part thereof after notice of the presentation of such peti- tion shall be void as against the Trustee. Save as afore- said nothing in this section shall invalidate any payment made or any act or thing done or suffered in good faith before the making of the order.

(7.) Applications and orders for administration of estates according to the law of bankruptey may be in the Forms Nos. 7 and 9 in the Schedule respectively. The facts alleged in support of any application shall be verified by

affidavit.

Punishment of Fraudulent Debtors.

82. (1.) Any person against whom a receiving order has been made whether adjudged bankrupt or not shall in each of the cases following be guilty of a misdemeanour and on conviction thereof shall be liable to be imprisoned for any time not exceeding two years with or without hard labour that is to say:-

(a.) If he does not to the best of his knowledge and belief fully and truly discover to the Trustee. all his property and how and to whom and for what consideration and when he disposed of any part thereof except such part as may have been disposed of in the ordinary way of his trade or laid out in the ordinary expense of his family unless the jury is satisfied that be had no intent to defraud.

(5.) If he does not deliver up to the Trustee or as he directs all such part of his property as is in his custody or under his control and which he is required by law to deliver up unless the jury is satisfied that he had no intent to defraud, (c.) If he does not deliver up to such Trustee or as he directs all books documents papers and writings in his custody or under his control relating to his property or affairs unless the jury is satisfied that he had no intent to defraud. (d) If after the presentation of a bankruptcy petition by or against him or within six months next before such presentation he conceals any part of his property to the value of fifty dollars or upwards unless the jury is satisfied that he had no intent to defraud, or conceal any debt due to or from him.

(c.) If after the presentation of a bankruptcy petition by or against him or within four months next before such presentation he fraudulently removes any part of his property to the value of fifty dollars or upwards.

(f) If he makes any material omission or misstatement in any statement relating to his affairs unless the jury is satisfied that he had no intent to defraud.

(g.) If knowing or believing that a false debt has been proved by any person under the bankruptcy or composition or scheme of arrangement he fail for the period of one month to inform the Trustee thereof.