657022-1890-Bill-Bankruptey-Ordinance — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 29TH NOVEMBER, 1890.

BE

A BILL

ENTITLED

An Ordinance to amend the Law relating

to Bankruptcy.

E it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

PART I. Preliminary.

1. This Ordinance may be cited as The Bankruptcy Ordinance, 1890, and shall come into force from and im- mediately after the thirty-first day of December one thou- sand eight hundred and ninety.

2. The Bankruptcy Ordinance, 1866, and The Bank- ruptcy Amendment Ordinance, 1867, are hereby repealed but such repeal shall not affect—

(a.) Anything done or suffered before the commence- ment of this Ordinance under the said repealed provisions or any of them.

(b.) Any right or privilege acquired or duty imposed or liability incurred under the said repealed provisions or any of them.

(c.) Any punishment to be incurred in respect of any offence committed or to be committed under

the said repealed Ordinance.

And notwithstanding such repeal the proceedings under any bankruptcy pending at the commencement of this Ordinance shall continue as though this Ordinance had not passed.

3. In this Ordinance unless the tontext otherwise re-

quires-

The Court means the Supreme Court. Gazetted means published in the Gazette. Ordinary Resolution means a resolution decided by a majority in value of the creditors present per- sonally or by proxy at a meeting of creditors and voting on the resolution.

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. Available Act of Bankruptcy means any act of bankruptcy available for bankruptcy petition at the date of the presentation of the petition on which the receiving order is made.

Provable Debt includes any debt or liability provable

in bankruptcy under this Ordinance.

Property includes every description of property real or personal corporeal or incorporeal and whether situate in Hongkong or elsewhere.

Secured Creditor means a person holding a mortgage charge or lien on the property of the debtor or any part thereof as a security for a debt due to him from the debtor.

Goods include all chattels personal.

Oath includes declaration in lieu of oath.

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 generally.

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

(c.) 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- départs 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.

Short Title.

Repeal.

Interpreta. tion.

Acts of

bankruptcy.

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