1912_BANKRUPTCY_ORDINANCE__1891 — Page 17

HK Historical Laws 香港歷史法例 All AI Reviewed

622

No. 7 of 1891.

Proceedings for and on discharge of bankrupt. [53 & 54 Vict. c. 71 s. 8.]

*

form 13.

BANKRUPTCY.

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.

(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, if 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 application, but the application shall not be heard until the public 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.

(3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the Court, subject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of

* As amended by No. 30 of 1911 and No. 50 of 1911.

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622 No. 7 of 1891. Proceedings for and on discharge of bankrupt. [53 & 54 Vict. c. 71 s. 8.] * form 13. BANKRUPTCY. 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. (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, if 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 application, but the application shall not be heard until the public 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. (3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the Court, subject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of * As amended by No. 30 of 1911 and No. 50 of 1911. the to a after acq cha mea here oper chai (4 (a affai prop his imm (b capit (C self (i. bank reaso lie or (e) hazar (f) exper broug (g) date becan (h) bankr credit (i) breach (j) ruptcy procee
Baseline (Original)
622 No. 7 of 1891. Proceedings for and on discharge of bankrupt. [53 & 54 Vict. c. 71 s. 8.] * form 13. BANKRUPTCY. 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. (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, if 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 Ordi- nance, 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- rupt, apply to the Court for an order of discharge, and the Court shall appoint a day for hearing the application, but the application shall not be heard until the public 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. (3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the Court, sub- ject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of * As amended by No. 30 of 1911 and No. 50 of 1911. the to a afte acq cha mea here oper chai (4 (a affai prop his imm (b capit (C self (i. bank reaso lie or (e) hazar (f) exper broug (g) date becan (h) bankr credit (i) breach (j) ruptcy procee
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622

No. 7 of 1891.

Proceedings for and on discharge of bankrupt. [53 & 54 Vict. c. 71 s. 8.]

*

form 13.

BANKRUPTCY.

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.

(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, if 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 Ordi- nance, 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- rupt, apply to the Court for an order of discharge, and the Court shall appoint a day for hearing the application, but the application shall not be heard until the public 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.

(3) On the hearing of the application or on the day fixed for the bankrupt to come up for his discharge as aforesaid, the Court, sub- ject to the provisions hereinafter contained, may either grant or refuse an absolute order of discharge, or suspend the operation of

* As amended by No. 30 of 1911 and No. 50 of 1911.

the

to a

afte

acq

cha

mea

here

oper chai

(4

(a

affai

prop

his

imm

(b

capit

(C

self

(i. bank

reaso lie or

(e)

hazar

(f)

exper

broug

(g)

date

becan

(h)

bankr

credit

(i) breach

(j)

ruptcy

procee

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