1950_BANKRUPTCY_ORDINANCE_ORDINANCE — Page 69

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy.

(2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs.

[CAP. 6

4 & 5 Geo. 5, Rules.

c. 59, s. 130.

Form 134.

rules.)

(3) A petition for administration in bankruptcy under this section shall not be presented to the court after proceedings have been commenced under the Code of Civil Procedure (Cap. 4) for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the administration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an administration order made on the petition of a creditor.

Form 136.

(4) Upon an order being made for the administration in bankruptcy of a deceased debtor's estate the property of the debtor shall vest in the Official Receiver as trustee thereof and he shall forthwith proceed to realize and distribute it in accordance with the provisions of this Ordinance: Provided that the creditors shall have the same powers as to appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy, and the provisions of this Ordinance relating to trustees and committees of inspection shall apply to trustees and committees of inspection appointed under the power so conferred. If no committee of inspection is appointed any act or thing or any direction or permission which might have been done or given by a committee of inspection may be done or given by the court.

(5) With the modifications hereinafter mentioned, all the provisions of Part III (relating to the administration of

239

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Bankruptcy. against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy. (2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs. [CAP. 6 4 & 5 Geo. 5, Rules. c. 59, s. 130. Form 134. rules.) (3) A petition for administration in bankruptcy under this section shall not be presented to the court after proceedings have been commenced under the Code of Civil Procedure (Cap. 4) for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the administration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an administration order made on the petition of a creditor. Form 136. (4) Upon an order being made for the administration in bankruptcy of a deceased debtor's estate the property of the debtor shall vest in the Official Receiver as trustee thereof and he shall forthwith proceed to realize and distribute it in accordance with the provisions of this Ordinance: Provided that the creditors shall have the same powers as to appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy, and the provisions of this Ordinance relating to trustees and committees of inspection shall apply to trustees and committees of inspection appointed under the power so conferred. If no committee of inspection is appointed any act or thing or any direction or permission which might have been done or given by a committee of inspection may be done or given by the court. (5) With the modifications hereinafter mentioned, all the provisions of Part III (relating to the administration of 239
Baseline (Original)
Bankruptcy. against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy. (2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or with- out costs. [CAP. 6 4 & 5 Geo. 5, Rules. c. 59, s. 130. Form 134. rules.) (3) A petition for administration in bankruptcy under this section shall not be presented to the court after pro- ceedings have been commenced under the Code of Civil (Cap. 4. Procedure for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the adminis tration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an adminis- tration order made on the petition of a creditor. Form 136. (4) Upon an order being made for the administration Rules. in bankruptcy of a deceased debtor's estate the property of the debtor shall vest in the Official Receiver as trustee thereof and he shall forthwith proceed to realize and dis- tribute it in accordance with the provisions of this Ordinance: Provided that the creditors shall have the same powers as to appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy, and the provisions of this Ordinance relating to trustees and com- mittees of inspection shall apply to trustees and committees of inspection appointed under the power so conferred. If no committee of inspection is appointed any act or thing or any direction or permission which might have been done or given by a committee of inspection may be done or given by the court. (5) With the modifications hereinafter mentioned, all the provisions of Part III (relating to the administration of 239
2026-05-03 17:24:57 · Baseline
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Bankruptcy.

against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy.

(2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in the Colony, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or with-

out costs.

[CAP. 6

4 & 5 Geo. 5, Rules.

c. 59, s. 130.

Form 134.

rules.)

(3) A petition for administration in bankruptcy under this section shall not be presented to the court after pro- ceedings have been commenced under the Code of Civil (Cap. 4. Procedure for the administration of the deceased debtor's estate but the court may, when satisfied that the estate is insufficient to pay its debts, make an order for the adminis tration in bankruptcy of the estate of the deceased debtor and the like consequences shall ensue as under an adminis- tration order made on the petition of a creditor.

Form 136.

(4) Upon an order being made for the administration Rules. in bankruptcy of a deceased debtor's estate the property of the debtor shall vest in the Official Receiver as trustee thereof and he shall forthwith proceed to realize and dis- tribute it in accordance with the provisions of this Ordinance: Provided that the creditors shall have the same powers as to appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy, and the provisions of this Ordinance relating to trustees and com- mittees of inspection shall apply to trustees and committees of inspection appointed under the power so conferred. If no committee of inspection is appointed any act or thing or any direction or permission which might have been done or given by a committee of inspection may be done or given by the

court.

(5) With the modifications hereinafter mentioned, all the provisions of Part III (relating to the administration of

239

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