1950_BANKRUPTCY_ORDINANCE_ORDINANCE — Page 25

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

[CAP. 6

Geo. 5, c. 7,

order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after acquired property: Provided that 16 & 17 where the bankrupt has committed any misdemeanor under s. 1 (1) (a) of this Ordinance or any enactment repealed by this Ordinance, or any other misdemeanor connected with his bankruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall-

(a) refuse the discharge; or

(b) suspend the discharge for such period as the court 16 & 17 thinks proper; or

(c) suspend the discharge until a dividend of not less than fifty per cent has been paid to the creditors; or

(d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts: Provided that, if at any time after the expiration of two years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it may think fit.

(4) The facts herein before referred to are—

(a) that the bankrupt's assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets

195

Geo. 5, c. 7, s. 1 (1) (b).

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Bankruptcy. [CAP. 6 Geo. 5, c. 7, order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after acquired property: Provided that 16 & 17 where the bankrupt has committed any misdemeanor under s. 1 (1) (a) of this Ordinance or any enactment repealed by this Ordinance, or any other misdemeanor connected with his bankruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall- (a) refuse the discharge; or (b) suspend the discharge for such period as the court 16 & 17 thinks proper; or (c) suspend the discharge until a dividend of not less than fifty per cent has been paid to the creditors; or (d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts: Provided that, if at any time after the expiration of two years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it may think fit. (4) The facts herein before referred to are— (a) that the bankrupt's assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets 195 Geo. 5, c. 7, s. 1 (1) (b). Page 25 Page 26
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ཝYཀཁཝཾ Bankruptcy. [CAP. 6 Geo. 5, c. 7, order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject. to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after acquired property: Provided that 16 & 17 where the bankrupt has committed any misdemeanor under s. 1 (1) (a).' this Ordinance or any enactment repealed by this Ordin- ance, or any other misdemeanor connected with his bank- ruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall- (a) refuse the discharge; or (b) suspend the discharge for such period as the court 16 & 17 thinks proper; or (c) suspend, the discharge until a dividend of not less than fifty per cent has been paid to the creditors; or (d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance. or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts: Provided that, if at any time after the expiration of two years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it may think fit. (4) The facts herein before referred to are— (a) that the bankrupt's assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets 195 Geo. 5, c. 7, s. 1 (1) (b). Page 25Page 26
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ཝYཀཁཝཾ ཨ

Bankruptcy.

[CAP. 6

Geo. 5, c. 7,

order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject. to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt or with respect to his after acquired property: Provided that 16 & 17 where the bankrupt has committed any misdemeanor under s. 1 (1) (a).' this Ordinance or any enactment repealed by this Ordin- ance, or any other misdemeanor connected with his bank- ruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall-

(a) refuse the discharge; or

(b) suspend the discharge for such period as the court 16 & 17

thinks proper; or

(c) suspend, the discharge until a dividend of not less than fifty per cent has been paid to the creditors;

or

(d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance. or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts: Provided that, if at any time after the expiration of two years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it may think fit. (4) The facts herein before referred to are— (a) that the bankrupt's assets are not of a value equal to fifty per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets

195

Geo. 5, c. 7, s. 1 (1) (b).

Page 25Page 26

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