ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
which shall have been wholly or partly committed before the commencement of this Ordinance, shall be dealt with as if this Ordinance had not been passed and that every act duly done, and every adjudication, appointment, order, discharge, warrant or other instrument duly made or granted before the passing of this Ordinance shall continue and be of the same force and effect as if this Ordinance had not been passed: and that no right which has arisen or may arise in respect of anything duly done under the said Ordinance shall be affected by this Ordinance and that where any act of bankruptcy, petitioning creditor's debt, imprisonment or any other matter or thing whatsoever shall have taken place in whole or in part before the commencement of this Ordinance, but no proceeding shall have been had or taken in respect thereof before the commencement of this Ordinance, every proceeding in respect thereof may be had or taken under the provisions of this Ordinance, in the same manner as if the same had taken place after the commencement of this Ordinance.
581
apply to all adults.
3. This Ordinance shall apply to all persons of full age in the Colony of Hongkong whether traders or non-traders, except as hereinbefore ordained.
Supreme Court to have jurisdiction in bankruptcy.
4. The Supreme Court shall have jurisdiction in bankruptcy under this Ordinance, and the Chief Justice when sitting in bankruptcy shall have all the powers, rights and privileges which are now exercised or enjoyed by him, except where this Ordinance otherwise specially provides.
5. The provisions contained in Section 33* of the Ordinance No. 7 of 1862, relating to the power of the Judge of the Court of Summa Jurisdiction to preside in the Supreme Court shall be deemed and taken to be applicable to the Supreme Court exercising jurisdiction in bankruptcy, and to have in all respects the same force and effect as if they had been specially inserted herein.
No. 7 of 1862.
incorporated with this Ordinance. [*See Ordinance No. 14 of 1873.]
6. The Registrar of the Supreme Court shall be the Official Assignee under this Ordinance.
As to General Orders.
Supreme Court to be Official Assignee. [See Ordinances No. 15 of 1867 and No. 9 of 1882]
7. The Chief Justice may, with the advice and approval of the Legislative Council, frame General Orders for the following purposes:
(1.) For regulating the practice and procedure of the Court and the several forms of petitions, orders, and other proceedings to be used in the said Court in all matters under this Ordinance.
which General Orders to be framed.
ORDINANCE No. 5 OF 1864.
Bankruptcy and Insolvency.
which shall have been wholly or partly committed before the commence- ment of this Ordinance, shall be dealt with as if this Ordinance had not been passed and that every act duly done, and every adjudication, appointment, order, discharge, warrant or other instrurnent duly made or granted before the passing of this Ordinance shall continue and be of the same force and effect as if this Ordinance had not been passed: and that no right which has arisen or may arise in respect of anything duly done under the said Ordinance shall be affected by this Ordinance and that where any act of bankruptcy, petitioning creditors debt, imprisonment or any other matter or thing whatsoever shall have taken place in whole or in part before the commencement of this Ordinance, but no proceeding shall have been had or taken in respect thereof before the commencement of this Ordinance, every proceeding in respect thereof may be had or taken under the provisions of this Ordinance, in the same manner as if the same had taken place after the commencement of this Ordinance.
581
apply to all adults.
3. This Ordinance shall apply to all persons of full age in the Colony Ordinance to of Hongkong whether traders or non-traders, except as hereinbefore ordained.
Supreme Court to have
in bank- ruptcy.
Section 33 of Ordinance
4. The Supreme Court shall have jurisdiction in bankruptcy under this Ordinance, and the Chief Justice when sitting in bankruptcy shall jurisdiction. have all the powers, rights and privileges which are now exercised or enjoyed by him, except where this Ordinance otherwise specially provides. 5. The provisions contained in section 33* of the Ordinance No. 7 of 1862, relating to the power of the Judge of the Court of Summa Jurisdiction to preside in the Supreme Court shall be deemed and taken to be applicable to the Supreme Court exercising jurisdiction in bank- ruptcy, and to have in all respects the same force and effect as if they had been specially inserted herein.
No. 7 of 1862.
incorporated with this Ordinance. [*See Ordi- nance No. 14 of 1873.]
6. The Registrar of the Supreme Court shall be the Official Assignee Registrar of under this Ordinance.
As to General Orders.
Supreme Court to be Official Assignee. [See Ordi- nances No. 15 of 1867 and No. 9 of 1882
7. The Chief Justice may, with the advice and approval of the Purposes for Legislative Council, frame General Orders for the following purposes:
(1.) For regulating the practice and procedure of the Court and the several forms of petitions, orders, and other proceedings to be used in the said Court in all matters under this Ordinance.
which General Orders to be framed.
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