1937_BANKRUPTCY_ORDINANCE__1931 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1846

No. 10 of 1931.

BANKRUPTCY.

Bankruptcy notices.

4 & 5 Geo. 5, c. 59, s. 2.

Rules.

Forms Nos.

• 4, 5. 3

(h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.

(2) In this Ordinance, "a debtor", unless the context otherwise implies, includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him—

(a) was personally present in the Colony; or

(b) ordinarily resided or had a place of residence in the Colony; or

(c) was carrying on business in the Colony, personally or by means of an agent or manager; or

(d) was a member of a firm or partnership which carried on business in the Colony.

4. A bankruptcy notice under this Ordinance shall be issued to a judgment creditor, or creditor who has obtained a final order, by the Registrar on the filing of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the consequences of non-compliance with the notice, and shall be served in the prescribed manner:

Provided that a bankruptcy notice—

(a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor;

(b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.

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1846 No. 10 of 1931. BANKRUPTCY. Bankruptcy notices. 4 & 5 Geo. 5, c. 59, s. 2. Rules. Forms Nos. 4, 5. 3 (h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts. (2) In this Ordinance, "a debtor", unless the context otherwise implies, includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him— (a) was personally present in the Colony; or (b) ordinarily resided or had a place of residence in the Colony; or (c) was carrying on business in the Colony, personally or by means of an agent or manager; or (d) was a member of a firm or partnership which carried on business in the Colony. 4. A bankruptcy notice under this Ordinance shall be issued to a judgment creditor, or creditor who has obtained a final order, by the Registrar on the filing of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the consequences of non-compliance with the notice, and shall be served in the prescribed manner: Provided that a bankruptcy notice— (a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor; (b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.
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1846 No. 10 of 1931. BANKRUPTCY. Bankruptcy notices. 4 & 5 Geo. 5, c. 59, s. 2. Rules. Forms Nos. 4, 5. 3 (h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts. (2) In this Ordinance, "a debtor", unless the context otherwise implies, includes any person, whether a British subject. or not, who at the time when any act of bankruptcy was done or suffered by him— (a) was personally present in the Colony; or (b) ordinarily resided or had a place of residence in the Colony; or (c) was carrying on business in the Colony, personally or by means of an agent or manager; or (d) was a member of a firm or partnership which carried on business in the Colony. 4. A bankruptcy notice under this Ordinance shall be issued to a judgment creditor, or creditor who has obtained a final order, by the Registrar on the filing of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the consequences of non-compliance with the notice, and shall be served in the prescribed manner: Provided that a bankruptcy notice. (a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor; (b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.
2026-05-03 13:13:01 · Baseline
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1846

No. 10 of 1931.

BANKRUPTCY.

Bankruptcy notices.

4 & 5 Geo. 5, c. 59, s. 2.

Rules.

Forms Nos.

4, 5.

3

(h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.

(2) In this Ordinance, "a debtor", unless the context otherwise implies, includes any person, whether a British subject. or not, who at the time when any act of bankruptcy was done or suffered by him—

(a) was personally present in the Colony; or

(b) ordinarily resided or had a place of residence in the Colony; or

(c) was carrying on business in the Colony, personally or by means of an agent or manager; or

(d) was a member of a firm or partnership which carried on business in the Colony.

4. A bankruptcy notice under this Ordinance shall be issued to a judgment creditor, or creditor who has obtained a final order, by the Registrar on the filing of a request for that purpose, and shall be in the prescribed form, and shall require the debtor to pay the judgment debt or sum ordered to be paid in accordance with the terms of the judgment or order, or to secure or compound for it to the satisfaction of the creditor or the court, and shall state the consequences of non-compliance with the notice, and shall be served in the prescribed manner:

Provided that a bankruptcy notice.

(a) may specify an agent to act on behalf of the creditor in respect of any payment or other thing required by the notice to be made to, or done to the satisfaction of, the creditor;

(b) shall not be invalidated by reason only that the sum specified in the notice as the amount due exceeds the amount actually due, unless the debtor within the time allowed for payment gives notice to the creditor that he disputes the validity of the notice on the ground of such misstatement; but if the debtor does not give such notice, he shall be deemed to have complied with the bankruptcy notice if within the time allowed he takes such steps as would have constituted a compliance with the notice had the actual amount due been correctly specified therein.

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