653980-1891-Ordinances-19-and-20-of-1891-assented-to — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.

Special Resolution means a resolution decided by a majority in number and three-fourths in value of the creditors present personally or by proxy at a meeting of creditors and voting on the resolution. Suit and Action shall be synonymous terms. The Court means the Supreme Court.

Trustee means the trustee in Bankruptcy of the debtor's

estate.

PART II.

From Act of Bankruptcy to Discharge.

4. (1.) A debtor commits an act of bankruptey in each of the following cases :-

(a.) If in Hongkong or elsewhere he makes a con- veyance or assignment of his property to a Trustee or Trustees for the benefit of his creditors gene- rally.

(b.) If in Hongkong or elsewhere he makes a frandu- lent conveyance gift delivery or transfer of his property or of any part thereof.

(e.) If in Hongkong or elsewhere he makes any con- veyance or transfer of his property or any part thereof or creates any charge thereon which would be void as a fraudulent preference if he were adjudged bankrupt.

(d.) If with intent to defeat or delay his creditors he does any of the following things namely-departs out of Hongkong or being out of Hongkong remains out of Hongkong or departs from his dwelling-house or otherwise absents himself or begins to keep house or removes his property or any part thereof beyond the jurisdiction of the Court.

(e.) If exccution against him in any proceedings in the Court has been levied by seizure of his goods, and the goods have been sold, or held by the bailiff of the Court for twenty-one days, or if execution against his property has been completed as pro- vided in section 38.

(f) If he files in the Court a declaration of his inability to pay his debts in the Form No. 2 of Schedule A or presents a bankruptcy petition in Form No. 3 of Schedule A against himself. (y.) If a creditor bas obtained a final judgment against him for any amount and execution thereon not having been stayed has served on him in Hong- kong or by leave of the Court elsewhere a bank- ruptcy notice under this Ordinance requiring him to pay the judgment debt in accordance with the terms of the judgment or to secure or compound for it to the satisfaction of the creditor or the Court and he does not within eight days after the service of notice in case service is effected in the Colony or in case service is effected elsewhere within the time limited in that behalf by the order giving leave to effect service elsewhere for appearance to a writ of summons either comply with the requirements of the notice or satisfy the Court that he has a counter-claim set-off or cross- demand which equals or exceeds the amount of the judgment debt and which he could not set up in the action in which the judgment was obtained. (h.) If the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.

(2.) A bankruptcy notice under this Ordinance shall be in the Form No. of Schedule A beroto and shall be issued to a judgment creditor by the Registrar upon the filing of a request in the Form No. 5 of the said Schedule.

Receiving Order and appointment and duties of the Official Receiver.

5. Subject to the conditions hereinafter specified if a debtor commits an act of bankruptey the Court may on a bankruptcy petition being presented either by a creditor or by the debtor make an order (Form No. 8 of Schedule A) called a "receiving order" for the protection of the

estate.

6. (1.) A creditor shall not be entitled to present a bankruptcy petition against a debtor unless—

Acts of bankruptcy.

Reering order.

Conditiona

on which creditor may petition,

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