18
No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891
is satisfied that there are and will be no substantial assets for division among the creditors, or that for other sufficient cause no order ought to be made, the Court may dismiss the petition.
(5.) A debtor intending to show cause against a petition shall file Form No. 10. with the Registrar a notice specifying the statements in the petition he intends to dispute, and shall serve on the petitioning creditor or his solicitor a copy of such notice two days before the day on which the petition is to be heard.
Debtor's petition.
46 & 47 Vict. c. 52 s. 8. First Schedule: Form No. 3.
Appointment of Official Receiver.
Effect of receiving order.
16. 8. 9.
his solicitor a copy of such notice two days before the day on which the petition is to be heard.
(6.) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Court, on such security, if any, being given as the Court may require for payment to the petitioner of any debt which may be established against him in due course of law and of the costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.
(7.) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a receiving order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as aforesaid.
(8.) A creditor's petition shall not after presentment be withdrawn without the leave of the Court.
8.-(1.) A debtor's petition shall allege that the debtor is unable to pay his debts, and the presentation thereof shall be deemed an act of bankruptcy without the previous filing by the debtor of any declaration of inability to pay his debts, and the Court shall thereupon make a receiving order: Provided that it shall be lawful for the Court, in its discretion, to refuse the order unless it is satisfied that there are or will be substantial assets for division among the creditors.
(2.) A debtor's petition shall not after presentment be withdrawn without the leave of the Court.
9-(1.) The Governor may, at any time after the commencement of this Ordinance and from time to time, appoint such person as he thinks fit to be Official Receiver of debtors' estates under this Ordinance and may remove such person from such office.
(2.) The Official Receiver shall act under the general authority and direction of the Governor and shall also be an officer of the Court.
10. (1.) On the making of a receiving order, the Official Receiver shall be thereby constituted receiver of the property of the debtor and thereafter, except as directed by this Ordinance, no creditor to whom the debtor is indebted in respect of any debt provable under this Ordinance shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings, except with the leave of the Court and on such terms as the Court may impose.
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18
No. 7.] THE ORDINANCES OF HONGKONG: [A.D. 1891
is satisfied that there are and will be no substantial assets for division among the creditors, or that for other sufficient cause ne order ought to be made, the Court may dismiss the petition.
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(5.) A debtor intending to show cause against a petition shall file Form No. 10. with the Registrar a notice specifying the statements in the petition he intends to dispute, and shall serve on the petitioning creditor or
Debtor's petition.
46 & 47 Vict. c. 52 s. 8. First Schedule: Form No. 3.
Appointment
of Official Receiver.
Effect of receiving. order.
16. 8. 9.
his solicitor a copy of such notice two days before the day on which the petition is to be heard.
暮
(6.) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Court, on such security, if any, being given as the Court may require for payment to the petitioner of any debt which may be established against him in due course of law and of the costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.
) Where proceedings are stayed, the Court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks ust, make a receiving order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as aforesaid.
(8.) A creditor's petition shall not after presentment be withdrawn without the leave of the Court.
8.-(1.) A debtor's petition shall allege that the debtor is unable to
pay his debts, and the presentation thereof shall be deemed an act of bank- ruptcy without the previous filing by the debtor of any declaration of inability to pay his debts, and the Court shall thereupon make receiving order: Provided that it shall be lawful for the Court, in its discretion, to refuse the order unless it is satisfied that there are or will be substantial assets for division among the creditors.
(2.) A debtor's petition shall not after presentment be withdrawn without the leave of the Court.
9-(1.) The Governor may, at any time after the commencement, this Ordinance and from time to time, appoint such person as he think fit to be Official Receiver of debtors' estates under this Ordinance and may remove such person from such office
(2.) The Official Receiver shall act under the general authority and direction of the Governor and shall also be an officer of the Court.
10. (1.) On the making of a receiving order, the Official Receiver shall be thereby constituted receiver of the property of the debtor and thereafter, except as directed by this Ordinance, no creditor to whom the
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