28
First
Schedule:
No. 7. THE ORDINANCES OF HONGKONG: [A.D. 189]
made known to Court at the time of its sitting and allowed by it, the Court may, by warrant, cause him to be apprehended and brought for examination.
(3.) The Court, by itself or by a Commission appointed for the purpose, may examine upon oath, either by word of mouth or by written interrogatories, any person so brought before it concerning the debtor's 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, order him to pay to the Receiver or Trustee, at such time and in such manner as the Court may think proper, the amount admitted or any part thereof, either in full discharge of the whole amount in question or not, as the Court thinks fit, with or without costs of the examination as per Form No. 26.
(5.) If any person, on examination, admits that he has in his possession any property belonging to the debtor, the Court may, on the application 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 thinks fit, order that any person who, in the Colony, 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 the Colony.
(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, purporting to be sealed 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 examination of the bankrupt. The application shall be heard in open Court.
53 & 54 Vict, c. 71 s. 8.
(2.) Where the bankrupt does not of his own accord, within such time as the Court may deem reasonable, apply for his discharge, the Court may, of its own motion or on the application of the Trustee or of any creditor who has proved, make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the Court, and, on due service of the order, if the bankrupt does not appear on the day fixed thereby, the Court may make such order as it thinks fit, subject to the provisions of this section.
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28
First
Schedule:
No. 7. THE ORDINANCES OF HONGKONG: [A.D: 189)
made known to Court at the time of its sitting and allowed by it, the Court may, by warrant, cause him to be apprehended and brought for examination.
(3.) The Court, by itself or by a Commission appointed for the purpose, may examine upon oath, either by word of mouth or by writter 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 Trustee, order him to pay to the Receiver or Trustee, at such time an Form No. 26. in such manner as the Court may think proper, the amount admitted
any part thereof, either in 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 the application 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.
Proceedings
for and on
(6.) The Court may, if it thinks fit, order that any person who, in the Colony, 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 the Colony.
(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, purporting to be sealed 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 bank discharge of rupt, apply to the Court for an order of discharge, and the Court shall
appoint a day for hearing the
bankrupt.
53 & 54 Vict, c. 71 s. 8.
:
be heard until the public, but the application shall not
examination of the bankrupt is concluded.
The application shall be heard in open Court.
(2.) Where the bankrupt does not of his own accord, within such time as the Court may deem reasonable, apply for his discharge, the Court may, of its own motion or on the application of the Trustee or of any creditor who has proved, make an order calling upon the bankrupt to come up for his discharge on a day to be fixed by the Court, and, on due service of the order, if the bankrupt does not appear on the day fixed thereby, the Court may make such order as it thinks fit, subject to the provisions of this section,
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