1937_BANKRUPTCY_ORDINANCE__1931 — Page 75

HK Historical Laws 香港歷史法例 All AI Reviewed

BANKRUPTCY.

No. 10 of 1931.

1917

or any of them to an agreement with reference to his affairs [s. 131] or to his bankruptcy.

(2) A person who has sent out of the Colony any property which he has obtained on credit and has not paid for shall until the contrary is proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last-mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time.

(3) In any prosecution under paragraph (i) of sub-section (1) the absence of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was removed by the debtor contrary to the provisions of the said paragraph or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal.

(4) In any prosecution under paragraph (l) of sub-section (1) the mutilation or falsification of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification.

(5) Every person guilty of a misdemeanor in the cases mentioned respectively in paragraphs (m), (n) and (o) of sub-section (1) shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years or upon summary conviction to imprisonment for any term not exceeding one year.

(6) For the purposes of this section, the term "trustee" includes the Official Receiver, whether acting as Official Receiver or as a trustee.

contd.

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BANKRUPTCY. No. 10 of 1931. 1917 or any of them to an agreement with reference to his affairs [s. 131] or to his bankruptcy. (2) A person who has sent out of the Colony any property which he has obtained on credit and has not paid for shall until the contrary is proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last-mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time. (3) In any prosecution under paragraph (i) of sub-section (1) the absence of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was removed by the debtor contrary to the provisions of the said paragraph or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal. (4) In any prosecution under paragraph (l) of sub-section (1) the mutilation or falsification of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification. (5) Every person guilty of a misdemeanor in the cases mentioned respectively in paragraphs (m), (n) and (o) of sub-section (1) shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years or upon summary conviction to imprisonment for any term not exceeding one year. (6) For the purposes of this section, the term "trustee" includes the Official Receiver, whether acting as Official Receiver or as a trustee. contd. Page 75 Page 76

Baseline (Original)

BANKRUPTCY. No. 10 of 1931. 1917 or any of them to an agreement with reference to his affairs [s. 131 or to his bankruptcy. (2) A person who has sent out of the Colony any property which he has obtained on crèdit and has not paid for shall until the contrary is proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last- mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time. (3) In any prosecution under paragraph (i) of sub-section (1) the absence of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was removed by the debtor contrary to the provisions of the said paragraph or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal. (4) In any prosecution under paragraph (1) of sub-section (1) the mutilation or falsification of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification. (5) Every person guilty of a misdemeanor in the cases mentioned respectively in paragraphs (m), (n) and (0) of sub-section (1) shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years or upon summary conviction to imprisonment for any term not exceeding one year. (6) For the purposes of this section, the term "trustee" includes the Official Receiver, whether acting as Official Receiver or as a trustee. contd.] Page 75Page 76

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BANKRUPTCY.

No. 10 of 1931.

1917

or any of them to an agreement with reference to his affairs [s. 131 or to his bankruptcy.

(2) A person who has sent out of the Colony any property which he has obtained on crèdit and has not paid for shall until the contrary is proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last- mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time.

(4) In any prosecution under paragraph (1) of sub-section (1) the mutilation or falsification of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification.

(5) Every person guilty of a misdemeanor in the cases mentioned respectively in paragraphs (m), (n) and (0) of sub-section (1) shall upon conviction on indictment be liable to imprisonment for any term not exceeding five years or upon summary conviction to imprisonment for any term not exceeding one year.

(6) For the purposes of this section, the term "trustee" includes the Official Receiver, whether acting as Official Receiver

or as a trustee.

contd.]

Page 75Page 76

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