657022-1890-Bill-Bankruptey-Ordinance — Page 10

THE HONGKONG GOVERNMENT GAZETTE, 29г NOVEMBER, 1890.

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 appareation 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.

(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 scaled with the seal 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 saving all just exceptions.

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 tlie bankrupt is concluded. The application shall be heard in open Court.

(2.) On the hearing of the application the Court subject to the provisious hereinafter contained may either grant or refuse an absolute order of discharge or suspend the operation of the order for a specified 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 ou proof of any of the facts hereinafter mentioned either 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.

(3.) 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.

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

knowing himself to be insolvent.

(.) 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.

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

(e.). That the bankrupt has put any of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him.

(f) 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.

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

or fraudulent breach of trust.

(.) That the bankrupt has since the commencement

of the bankruptcy proceedings misconducted. himself in connection with such proceedings. (k.) 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. (4.) The order to be made on the application may be in the Form No. 13 of Schedule A.

(5.) Notice of the appointment by the Court of the day for hearing the application for discharge shall be gazetted and published in a local newspaper fourteen days at least before the day so appointed. The Court may hear the

Disclatge

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