THE HONGKONG GOVERNMENT GAZEITE, 29гя NOVEMBER, 1890.
(3.) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account may within six years of the date when the same was so paid in apply to the Registrar for payment to him of the same and the Registrar if satisfied that the person claiming is entitled shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the Court.
(4.) After any money shall have remained unclaimed in the Bankruptcy Estates Account for a period of six years the Registrar shall pay the same over to the Colonial Treasurer for the use of the Crown and all claims thereon shall be thenceforth barred.
Administration of Estates according to the Law of Bankruptcy.
81. (1.) A creditor of a deceased debtor whose estate is shown to be insufficient for the payment of the debts owing by the deceased or absent person may present a petition to the Court praying for the administration of the estate of the deceased person according to the bankruptcy law and the Court if satisfied that the estate is insufficient for the payment of the debts of the deceased person shall make an order accordingly (Form No. 9 of Schedule A).
(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 real and personal estate shall vest for the purpose of distribution.
(4.) Subject to the provisions of this section Parts III and IV of this Ordinance shall so far as the same are applicable apply to the case of au administration according to the bankruptcy law in like manner as to an adjudication of bankruptey.
(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 thereon 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 real or personal estate to be administered under the order any execution or attachment had against the said real or personal estate or any part thereof after notice of the presentation of such petition shall be void as against the Trustee. Save as aforesaid 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 bankruptcy may be in the Forms Nos. 7 and 10 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 real and personal 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 ordi- nary way of his trade or laid out in the ordi- nary expense of his family unless the jury is satisfied that he had no intent to defraud. (b.) If he does not deliver up to the Trustee or as he directs all such part of his real and personal 'property as is in his custody or under his con- trol and which he is required by law to deliver up unless the jury is satisfied that he had no intent to defraud.
Administra- tion according to the bank- ruptcy law.
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