1912_BANKRUPTCY_ORDINANCE__1891 — Page 42

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 7 of 1891:

647

s for

imed

nths,

Lands ising le to

ount

Re-

large

may

ls or

the

into

date

dent

pson

Such

sion

ptcy .the

ims

7.

jwn

used

i be

1 of

tcy,

and the Court, if satisfied that the estate is insufficient for the payment of the debts of the deceased person, shall make an order accordingly.

(2) The petition shall be served on the personal representative of such deceased person or, if there is none in the Colony, on the Official Administrator of intestate estates.

(3) On an order being made for the administration in bankruptcy of the deceased debtor's estate, the Court shall appoint a trustee in whom all the debtor's property shall vest for the purpose of distribution.

(4) Subject to the provisions of this section, the provisions of Parts II and III shall, so far as the same are applicable, apply to the case of an order for administration under this section in like manner as to an adjudication of bankruptcy.

(5) In the administration of the estate of the deceased debtor under an order for administration, funeral and testamentary expenses shall be deemed a preferential debt.

(6) Notice of the presentation of a petition under this section shall, in the event of an order for administration being made thereon, be deemed equivalent to notice of an act of bankruptcy, and any transfer, disposition, charge, delivery, contract, or payment made, relating to, or affecting the property to be administered under the order, and any execution or attachment had against the said property or any part thereof, after notice of the presentation of such petition, shall be void as against the trustee. Save as aforesaid, nothing in this section shall invalidate any payment made or any act or thing done or suffered in good faith before the making of the order for administration.

Offences.

of fraudulent

[32 & 33 Vict.

c. 62 s. 11.)

*

82.-(1) Any person against whom a receiving order has been Punishment made, whether adjudged bankrupt or not, shall, in each of the cases debtors. following, be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 2 years; that is to say,—

(a) if he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as may have been disposed of in the

As amended by No. 30 of 1911.

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BANKRUPTCY. No. 7 of 1891: 647 s for imed nths, Lands ising le to ount Re- large may ls or the into date dent pson Such sion ptcy .the ims 7. jwn used i be 1 of tcy, and the Court, if satisfied that the estate is insufficient for the payment of the debts of the deceased person, shall make an order accordingly. (2) The petition shall be served on the personal representative of such deceased person or, if there is none in the Colony, on the Official Administrator of intestate estates. (3) On an order being made for the administration in bankruptcy of the deceased debtor's estate, the Court shall appoint a trustee in whom all the debtor's property shall vest for the purpose of distribution. (4) Subject to the provisions of this section, the provisions of Parts II and III shall, so far as the same are applicable, apply to the case of an order for administration under this section in like manner as to an adjudication of bankruptcy. (5) In the administration of the estate of the deceased debtor under an order for administration, funeral and testamentary expenses shall be deemed a preferential debt. (6) Notice of the presentation of a petition under this section shall, in the event of an order for administration being made thereon, be deemed equivalent to notice of an act of bankruptcy, and any transfer, disposition, charge, delivery, contract, or payment made, relating to, or affecting the property to be administered under the order, and any execution or attachment had against the said property or any part thereof, after notice of the presentation of such petition, shall be void as against the trustee. Save as aforesaid, nothing in this section shall invalidate any payment made or any act or thing done or suffered in good faith before the making of the order for administration. Offences. of fraudulent [32 & 33 Vict. c. 62 s. 11.) * 82.-(1) Any person against whom a receiving order has been Punishment made, whether adjudged bankrupt or not, shall, in each of the cases debtors. following, be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 2 years; that is to say,— (a) if he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as may have been disposed of in the As amended by No. 30 of 1911.
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1 BANKRUPTCY. No. 7 of 1891: 647 s for imed nths, Lands ising le to ount Re- large may ls or the into date dent pson Such sion ptcy .the ims 7. jwn used i be 1 of tcy, and the Court, if satisfied that the estate is insufficient for the pay- ment of the debts of the deceased person, shall make an order accordingly. (2) The petition shall be served on the personal representative of such deceased person or, if there is none in the Colony, on the Official Administrator of intestate estates. (3) On an order being made for the administration in bankruptcy of the deceased debtor's estate, the Court shall appoint a trustee in whom all the debtor's property shall vest for the purpose of distribution. (4) Subject to the provisions of this section, the provisions of Parts II and III shall, so far as the same are applicable, apply to the case of an order for administration under this section in like manner as to an adjudication of bankruptcy. (5) In the administration of the estate of the deceased debtor under an order for administration, funeral and testamentary ex- penses shall be deemed a preferential debt. (6) Notice of the presentation of a petition under this section shall, in the event of an order for administration being made there- on, be deemed equivalent to notice of an act of bankruptcy, and any transfer, disposition, charge, delivery, contract, or payment made, relating to, or affecting the property to be administered under the order, and any execution or attachment had against the said pro- perty or any part thereof, after notice of the presentation of such petition, shall be void as against the trustee. Save as aforesaid, nothing in this section shall invalidate any payment made or any act or thing done or suffered in good faith before the making of the order for administration. Offences. of fraudulent [32 & 33 Viet. c. 62 s. 11.) * 82.-(1) Any person against whom a receiving order has been Punishment made, whether adjudged bankrupt or not, shall, in each of the cases debtors. following, be guilty of a misdemeanor, and shall be liable to im- prisonment for any term not exceeding 2 years; that is to say,— (a) if he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as may have been disposed of in the As amended by No. 30 of 1911. :
2026-05-03 00:58:18 · Baseline
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1

BANKRUPTCY.

No. 7 of 1891:

647

s for

imed

nths,

Lands ising le to

ount

Re-

large

may

ls or

the

into

date

dent

pson

Such

sion

ptcy .the

ims

7.

jwn

used

i be

1 of

tcy,

and the Court, if satisfied that the estate is insufficient for the pay- ment of the debts of the deceased person, shall make an order accordingly.

(2) The petition shall be served on the personal representative of such deceased person or, if there is none in the Colony, on the Official Administrator of intestate estates.

(3) On an order being made for the administration in bankruptcy of the deceased debtor's estate, the Court shall appoint a trustee in whom all the debtor's property shall vest for the purpose of distribution.

(4) Subject to the provisions of this section, the provisions of Parts II and III shall, so far as the same are applicable, apply to the case of an order for administration under this section in like manner as to an adjudication of bankruptcy.

(5) In the administration of the estate of the deceased debtor under an order for administration, funeral and testamentary ex- penses shall be deemed a preferential debt.

(6) Notice of the presentation of a petition under this section shall, in the event of an order for administration being made there- on, be deemed equivalent to notice of an act of bankruptcy, and any transfer, disposition, charge, delivery, contract, or payment made, relating to, or affecting the property to be administered under the order, and any execution or attachment had against the said pro- perty or any part thereof, after notice of the presentation of such petition, shall be void as against the trustee. Save as aforesaid, nothing in this section shall invalidate any payment made or any act or thing done or suffered in good faith before the making of the order for administration.

Offences.

of fraudulent

[32 & 33 Viet.

c. 62 s. 11.)

*

82.-(1) Any person against whom a receiving order has been Punishment made, whether adjudged bankrupt or not, shall, in each of the cases debtors. following, be guilty of a misdemeanor, and shall be liable to im- prisonment for any term not exceeding 2 years; that is to say,—

(a) if he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, and how, and to whom, and for what consideration, and when he disposed of any part thereof, except such part as may have been disposed of in the

As amended by No. 30 of 1911.

:

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