1937_BANKRUPTCY_ORDINANCE__1931 — Page 27

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 10 of 1931.

1869

(a) from any debt on a recognizance nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of any public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence, and he shall not be discharged from such excepted debts unless the Financial Secretary certify in writing his consent to his being discharged therefrom; or

(b) from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.

(2) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.

(3) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge.

(4) An order of discharge shall not release any person who at the date of the receiving order was a partner or co-trustee with the bankrupt or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.

annul ad-

cases.

33. (1) Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where the court is satisfied that the assets for division among the unsecured creditors after payment of all costs, charges and expenses and the debts which are preferential under this Ordinance are not 4 & 5 Geo. 5, c. 59, s. 29. and will not be sufficient to pay a dividend of fifteen per cent., or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, the court may, on the application of any person interested, by order annul the adjudication.

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BANKRUPTCY. No. 10 of 1931. 1869 (a) from any debt on a recognizance nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of any public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence, and he shall not be discharged from such excepted debts unless the Financial Secretary certify in writing his consent to his being discharged therefrom; or (b) from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party. (2) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy. (3) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge. (4) An order of discharge shall not release any person who at the date of the receiving order was a partner or co-trustee with the bankrupt or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him. annul ad- cases. 33. (1) Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where the court is satisfied that the assets for division among the unsecured creditors after payment of all costs, charges and expenses and the debts which are preferential under this Ordinance are not 4 & 5 Geo. 5, c. 59, s. 29. and will not be sufficient to pay a dividend of fifteen per cent., or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, the court may, on the application of any person interested, by order annul the adjudication.
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BANKRUPTCY. No. 10 of 1931. 1869 (a) from any debt on a recognizance nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of any public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence, and he shall not be discharged from such excepted debts unless the Financial Secretary certify in writing his consent to his being discharged therefrom; or (b) from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party. (2) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy. (3) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge. (4) An order of discharge. shall not release any person who at the date of the receiving order was a partner or co- trustee with the bankrupt or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him. annul ad- cases. 33. (1) Where in the opinion of the court a debtor ought Power for not to have been adjudged bankrupt, or where the court is court to satisfied that the assets for division among the unsecured judication creditors after payment of all costs, charges and expenses and in certain the debts which are preferential under this Ordinance are not 4 & 5 Geo. 5, and will not be sufficient to pay a dividend of fifteen per c. 59, s. 29. cent., or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, the court may, on the application of any person interested, by order annul the adjudication.
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BANKRUPTCY.

No. 10 of 1931.

1869

(a) from any debt on a recognizance nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of any public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence, and he shall not be discharged from such excepted debts unless the Financial Secretary certify in writing his consent to his being discharged therefrom; or

(b) from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, or from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party.

(2) An order of discharge shall release the bankrupt from all other debts provable in bankruptcy.

(3) An order of discharge shall be conclusive evidence of the bankruptcy and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which he is released by the order, the bankrupt may plead that the cause of action occurred before his discharge.

(4) An order of discharge. shall not release any person who at the date of the receiving order was a partner or co- trustee with the bankrupt or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.

annul ad-

cases.

33. (1) Where in the opinion of the court a debtor ought Power for not to have been adjudged bankrupt, or where the court is court to satisfied that the assets for division among the unsecured judication creditors after payment of all costs, charges and expenses and in certain the debts which are preferential under this Ordinance are not 4 & 5 Geo. 5, and will not be sufficient to pay a dividend of fifteen per c. 59, s. 29. cent., or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, the court may, on the application of any person interested, by order annul the adjudication.

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