1937_BANKRUPTCY_ORDINANCE__1931 — Page 72

HK Historical Laws 香港歷史法例 All AI Reviewed

1914

No. 10 of 1931.

BANKRUPTCY.

Unclaimed and undistributed dividends or funds.

4 & 5 Geo. 5, c. 59, s. 153 (1).

[cf. No. 39 of 1932, s. 271 (2).]

Ordinance No. 5 of 1929.

+

Fraudulent debtors.

4 & 5 Geo. 5, c. 59, s. 154.

16 & 17 Geo. 5, c. 7, s. 5.

Unclaimed funds or dividends.

130. (1) Where the trustee, under any bankruptcy, composition or scheme, pursuant to this Ordinance has under his control any unclaimed dividend which has remained unclaimed for more than six months or where, after making a final dividend, he has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Registrar who shall carry the same to an account to be termed the Bankruptcy Estates Account. The Registrar's receipt for the money so paid shall be a sufficient discharge to the trustee in respect thereof.

(2) The trustee, whether he has obtained his release or not, may be called upon by the court to account for any unclaimed funds or dividends and any failure to comply with the requisitions of the court in this behalf may be dealt with as a contempt of court.

(3) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account under this Ordinance may, within five years of the date when the same was so paid in, apply to the Registrar for payment to him of the same, and the Registrar, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the court.

(4) After any money has remained unclaimed in the Bankruptcy Estates Account for a period of five years it shall be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance, 1929.

PART VIII.

BANKRUPTCY OFFENCES.

131. (1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall in each of the cases following be guilty of a misdemeanor-

(a) if he does not to the best of his knowledge and belief fully and truly discover to the trustee all his property, real

* As amended by Law Rev. Ord., 1939, Supp. Sched.

+ But Ordinance No. 5 of 1929 (see s. 13 thereof) does not affect any of the provisions of this Ordinance relating to unclaimed dividends and funds in bankruptcy proceedings.

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1914 No. 10 of 1931. BANKRUPTCY. Unclaimed and undistributed dividends or funds. 4 & 5 Geo. 5, c. 59, s. 153 (1). [cf. No. 39 of 1932, s. 271 (2).] Ordinance No. 5 of 1929. + Fraudulent debtors. 4 & 5 Geo. 5, c. 59, s. 154. 16 & 17 Geo. 5, c. 7, s. 5. Unclaimed funds or dividends. 130. (1) Where the trustee, under any bankruptcy, composition or scheme, pursuant to this Ordinance has under his control any unclaimed dividend which has remained unclaimed for more than six months or where, after making a final dividend, he has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Registrar who shall carry the same to an account to be termed the Bankruptcy Estates Account. The Registrar's receipt for the money so paid shall be a sufficient discharge to the trustee in respect thereof. (2) The trustee, whether he has obtained his release or not, may be called upon by the court to account for any unclaimed funds or dividends and any failure to comply with the requisitions of the court in this behalf may be dealt with as a contempt of court. (3) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account under this Ordinance may, within five years of the date when the same was so paid in, apply to the Registrar for payment to him of the same, and the Registrar, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the court. (4) After any money has remained unclaimed in the Bankruptcy Estates Account for a period of five years it shall be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance, 1929. PART VIII. BANKRUPTCY OFFENCES. 131. (1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall in each of the cases following be guilty of a misdemeanor- (a) if he does not to the best of his knowledge and belief fully and truly discover to the trustee all his property, real * As amended by Law Rev. Ord., 1939, Supp. Sched. + But Ordinance No. 5 of 1929 (see s. 13 thereof) does not affect any of the provisions of this Ordinance relating to unclaimed dividends and funds in bankruptcy proceedings.
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1914 No. 10 of 1931. BANKRUPTCY. Unclaimed and undis- tributed dividends or funds. 4 & 5 Geo. 5, c. 59, s. 153 (1). [cf. No. 39 of 1932, s. 271 (2).] Ordinance No. 5 of 1929. + Fraudulent debtors. 4 & 5 Geo. 5, c. 59, s. 154. 16 & 17 Geo. 5, c. 7, s. 5. Unclaimed funds or dividends. 130. (1) Where the trustee, under any bankruptcy, com- position or scheme, pursuant to this Ordinance has under his control any unclaimed dividend which has remained unclaimed for more than six months or where, after making a final dividend, he has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Registrar who shall carry the- same to an account to be termed the Bankruptcy Estates Account. The Registrar's receipt for the money so paid shall be a sufficient discharge to the trustee in respect thereof. (2) The trustee, whether he has obtained his release or not, may be called upon by the court to account for any unclaimed funds or dividends and any failure to comply with the requisi- tions of the court in this behalf may be dealt with as a contempt of court. (3) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account under this Ordinance may, within five years of the date when the same was so paid in, apply to the Registrar for payment to him of the same, and the Registrar, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the court. (4) After any money has remained unclaimed in the Bank- ruptcy Estates Account for a period of five years it shall be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance, 1929. PART VIII. BANKRUPTCY OFFENCES. 131-(1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall in each of the cases following be guilty of a misdemeanor- (a) if he does not to the bes. of his knowledge and belief fully and truly discover to the trustee all his property, real * As amended by Law Rev. Ord., 1939, Supp. Sched. + But Ordinance No. 5 of 1929 (see s. 13 thereof) does not affect any of the provisions of this Ordinance relating to unclaimed dividends and funds in bankruptcy proceedings,
2026-05-03 13:19:58 · Baseline
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1914

No. 10 of 1931.

BANKRUPTCY.

Unclaimed

and undis- tributed dividends or funds.

4 & 5 Geo. 5, c. 59, s. 153 (1).

[cf. No. 39 of 1932,

s. 271 (2).]

Ordinance

No. 5 of

1929.

+

Fraudulent debtors.

4 & 5 Geo. 5, c. 59, s. 154.

16 & 17

Geo. 5, c. 7,

s. 5.

Unclaimed funds or dividends.

130. (1) Where the trustee, under any bankruptcy, com- position or scheme, pursuant to this Ordinance has under his control any unclaimed dividend which has remained unclaimed for more than six months or where, after making a final dividend, he has in his hands or under his control any unclaimed or undistributed money arising from the property of the debtor, he shall forthwith pay it to the Registrar who shall carry the- same to an account to be termed the Bankruptcy Estates Account. The Registrar's receipt for the money so paid shall be a sufficient discharge to the trustee in respect thereof.

(2) The trustee, whether he has obtained his release or not, may be called upon by the court to account for any unclaimed funds or dividends and any failure to comply with the requisi- tions of the court in this behalf may be dealt with as a contempt of court.

(3) Any person claiming to be entitled to any moneys paid into the Bankruptcy Estates Account under this Ordinance may, within five years of the date when the same was so paid in, apply to the Registrar for payment to him of the same, and the Registrar, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Registrar may appeal to the court.

(4) After any money has remained unclaimed in the Bank- ruptcy Estates Account for a period of five years it shall be dealt with in accordance with the provisions of the Unclaimed Balances Ordinance, 1929.

PART VIII.

BANKRUPTCY OFFENCES.

131-(1) Any person who has been adjudged bankrupt or in respect of whose estate a receiving order has been made shall in each of the cases following be guilty of a misdemeanor-

(a) if he does not to the bes. of his knowledge and belief fully and truly discover to the trustee all his property, real

* As amended by Law Rev. Ord., 1939, Supp. Sched.

+ But Ordinance No. 5 of 1929 (see s. 13 thereof) does not affect any of the provisions of this Ordinance relating to unclaimed dividends and funds in bankruptcy proceedings,

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