657022-1890-Bill-Bankruptey-Ordinance — Page 9

1178

THE HONGKONG GOVERNMENT GAZETTE. 29TH NOVEMBER, 1890.

Redirection

-of debtor'w

letters.

Discovery

of property.

which the bankruptcy notice was issued or of avoiding service of a bankruptcy petition or of avoiding appearance to any such petition or of avoiding examination in respect of his affairs or of otherwise avoiding delaying or embarrassing proceedings in baukruptcy against him. (b.) If after presentation of a bankruptcy petition by or against him it appears to the Court that there is probable cause for believing that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the Official Receiver or Trustee or that there is prob- able ground for believing that he has concealed or is about to conceal or destroy any of his goods or any books documents or writings which might be of use to his creditors in the course of his bank- ruptcy. (c.) If after service of a bankruptcy petition on him or after a receiving order is made against him he removes any goods is his possession above the value of twenty-five dollars without the leave of the Official Receiver or Trustee.

(d.) If without good cause shown he fails to attend

any examination ordered by the Court.

(e.) If there is probable reason for believing that the debtor has committed an offence punishable under- this Ordinance.

When an order of committal is male against a debtor or other person for disobeying any order of the Court or of the Official Receiver or Trustee to do some particular act or thing the Court may direct that the order of committal shall not be issued provided that such debtor or person as the case may be complies with the previous order within a spe- cified term.

(2.) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Ordinance relating to fraudulent pre- ferences.

(3.) At any time after a receiving order has been made the Court may if it thinks fit issue a warrant for the seizure and detention of any books papers money or goods in the debtor's possession.

(4.) Warrants issued under the authority of this section may be in the Forms Nos. 23 and 24 of Schedule A respectively.

25. Where a receiving order is made against a debtor the Court on the application of the Official Receiver or Trustee may from time to time order that for such time not exceeding three months as the Court thinks fit telegrams and post letters addressed to the debtor at any specified place or places shall be redirected sent or delivered by the Agent of the Telegraph Company or Colonial Postmaster or the officers acting under him to the Official Receiver or the Trustee or otherwise as the Court directs and the same shall be done accordingly. The order may be in the Form

No. 27 of Schedule A.

26. (1.) The Court may at any time after a receiving order has been made against a debtor summon before it the debtor or his wife or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor or supposed to be indebted to the debtor or any person whom the Court may deem capable of giving information respecting the debtor his dealings or property and the Court may require any such person to produce any documents in his custody or power relating to the debtor his dealings or property.

(2.) If any person 80 summoned after having been tendered a reasonable sum refuses to come before the Court at the time appointed or refuses to produce any such document having no lawful impediment made known to the Court at the time of its sitting and allowed by it the Court may by warrant cause him to be apprehended and brought up for examination.

(3.) The Court by itself or by a Commissioner appointed for the purpose may examine on oath either by word of mouth or by written interrogatories any person so brought before it concerning the debtor his dealings or property.

(4.) If any person on examination admits that he is indebted to the debtor the Court may on the application of the Official Receiver or Trustee by order in Form 26 of Schedule A order him to pay to the Receiver or Trustee at such time and in such manner as to the Court seems expedient the amount admitted or any part thereof either in