1901_BANKRUPTCY_ORDINANCE__1891 — Page 35

HK Historical Laws 香港歷史法例 All AI Reviewed

48

Disobedience to order of the Court.

No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891

70. Where default is made by the Trustee, the debtor, or any other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal for contempt of Court of such Trustee, debtor, or other person: Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy, or liability in respect of such default.

Jurisdiction to be exercised by the Court, “etc.

46 & 47 Vict, c. 52 s. 92.

Consolidation of petitions. Ib. s. 106.

Continuance on death of debtor. Ib. s. 108.

Power to stay proceedings. Ib. s. 109.

Case of two respondents.

PART IV.

JURISDICTION AND PROCEDURE.

71.—(1.) The Court shall deal with bankruptcy petitions, and the rules of the Court for the time being for regulating the civil procedure of the Court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankruptcy proceedings; and every order of the Court made in connexion with bankruptcy proceedings may be enforced in the same way as judgment of the Court made in respect of any civil proceedings may now or at any time hereafter be enforced.

(2.) The Registrar shall, in cases of urgency, have power to make interim orders and to hear and determine unopposed or ex parte applications, and any order so made shall, subject to appeal to the Court, be deemed to be an order of the Court.

(3.) Every order of the Court shall be subject to appeal to the Full Court.

72. When two or more bankruptcy petitions are presented against the same debtor or against joint debtors, the Court may consolidate the proceedings, on such terms as the Court may think fit.

73. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be continued as if he were alive.

74. The Court may at any time, for sufficient reason, stay the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just.

75. Where there are more respondents than one to a petition, the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others of them.

Ib. s. 111.

Action by Trustee and partner of debtor.

76. Where a member of a partnership is adjudged bankrupt, the Court may authorize the Trustee to commence and prosecute any action

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48 Disobedience to order of the Court. No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891 70. Where default is made by the Trustee, the debtor, or any other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal for contempt of Court of such Trustee, debtor, or other person: Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy, or liability in respect of such default. Jurisdiction to be exercised by the Court, “etc. 46 & 47 Vict, c. 52 s. 92. Consolidation of petitions. Ib. s. 106. Continuance on death of debtor. Ib. s. 108. Power to stay proceedings. Ib. s. 109. Case of two respondents. PART IV. JURISDICTION AND PROCEDURE. 71.—(1.) The Court shall deal with bankruptcy petitions, and the rules of the Court for the time being for regulating the civil procedure of the Court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankruptcy proceedings; and every order of the Court made in connexion with bankruptcy proceedings may be enforced in the same way as judgment of the Court made in respect of any civil proceedings may now or at any time hereafter be enforced. (2.) The Registrar shall, in cases of urgency, have power to make interim orders and to hear and determine unopposed or ex parte applications, and any order so made shall, subject to appeal to the Court, be deemed to be an order of the Court. (3.) Every order of the Court shall be subject to appeal to the Full Court. 72. When two or more bankruptcy petitions are presented against the same debtor or against joint debtors, the Court may consolidate the proceedings, on such terms as the Court may think fit. 73. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be continued as if he were alive. 74. The Court may at any time, for sufficient reason, stay the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just. 75. Where there are more respondents than one to a petition, the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others of them. Ib. s. 111. Action by Trustee and partner of debtor. 76. Where a member of a partnership is adjudged bankrupt, the Court may authorize the Trustee to commence and prosecute any action Page 35 Page 36
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48 Disobedience to order of the Court. No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891 70. Where default is made by the Trustee, the debtor, or any other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal for contemp of Court of such Trustee, debtor, or other person: Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy, or liability in resped of such default. Jurisdiction to be exercised" by the Court, “etc. 46 & 47 Fict, c. 52 92. Consolidation of petitions. Ib. s. 106. Continuance on death of debtor. Tb. s. 108. Power to stay proceedings. Ib. s. 109. Case of two respondents. PART IV. JURISDICTION AND PROCEDURE. 71.—(1.) The Court shall deal with bankruptcy petitions, and the rules of the Court for the time being for regulating the civil procedure of the Court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankrupto proceedings; and every order of the Court made in connexion with bankruptcy proceedings may be enforced in the same way as judgment of the Court made in respect of any civil proceedings may now or at any time hereafter be enforced. (2.) The Registrar shall, in cases of urgency, have power to make interim orders and to hear and determine unopposed or ex part applications, and any order so made shall, subject to appeal to the Court, be deemed to be an order of the Court. (3.) Every order of the Court shall be subject to appeal to the Full Court. 72. When two or more bankruptcy petitions are presented against the same debtor or against joint debtors, the Court may consolidate the proceedings, on such terms as the Court may think fit. 73. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be continued as if he were alive. 74. The Court may at any time, for sufficient reason, stay the proceedings under a bankruptcy petition, either altogether or for limited time, on such terms and subject to such conditions as the Court may think just 75. Where there are more respondents than one to a petition, the or more Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others them. Ib. a. 111- Action by Trustee and partner of 76. Where a member of a partnership is adjudged bankrupt, the Court may authorize the Trustee to commence and prosecute any action Page 35Page 36
2026-05-02 19:39:56 · Baseline
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48

Disobedience to order of the Court.

No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891

70. Where default is made by the Trustee, the debtor, or any other person in obeying any order or direction made or given by the Court the Court may make an immediate order for the committal for contemp of Court of such Trustee, debtor, or other person: Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy, or liability in resped of such default.

Jurisdiction

to be exercised"

by the Court, “etc.

46 & 47 Fict, c. 52 92.

Consolidation of petitions. Ib. s. 106.

Continuance

on death of debtor.

Tb. s. 108.

Power to stay proceedings. Ib. s. 109.

Case of two

respondents.

PART IV.

JURISDICTION AND PROCEDURE.

71.—(1.) The Court shall deal with bankruptcy petitions, and the rules of the Court for the time being for regulating the civil procedure of the Court shall, so far as the same may be applicable and not inconsistent with the provisions of this Ordinance, be applied to bankrupto proceedings; and every order of the Court made in connexion with bankruptcy proceedings may be enforced in the same way as judgment of the Court made in respect of any civil proceedings may now or at any time hereafter be enforced.

(2.) The Registrar shall, in cases of urgency, have power to make interim orders and to hear and determine unopposed or ex part applications, and any order so made shall, subject to appeal to the Court, be deemed to be an order of the Court.

(3.) Every order of the Court shall be subject to appeal to the Full Court.

72. When two or more bankruptcy petitions are presented against the same debtor or against joint debtors, the Court may consolidate the proceedings, on such terms as the Court may think fit.

73. If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the Court otherwise orders, be continued as if he were alive.

74. The Court may at any time, for sufficient reason, stay the proceedings under a bankruptcy petition, either altogether or for limited time, on such terms and subject to such conditions as the Court may think just

75. Where there are more respondents than one to a petition, the or more Court may dismiss the petition as to one or more of them, without

prejudice to the effect of the petition as against the other or others them.

Ib. a. 111-

Action by Trustee and partner of

76. Where a member of a partnership is adjudged bankrupt, the Court may authorize the Trustee to commence and prosecute any action

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