1950_BANKRUPTCY_ORDINANCE_ORDINANCE — Page 74

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 6]

Bankruptcy.

[s. 125 cont.] on, or any estate, right or interest in, any real or personal property, which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assignment, surrender or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty except in respect of fees under this Ordinance.

[126

Acting of corporations, partners, etc.

4 & 5 Geo. 5,

c. 59, s. 149.

Certain provisions

to bind Crown.

4 & 5 Geo. 5,

c. 59, s. 151.

Unclaimed and undistributed dividends or funds.

4 & 5 Geo. 5, c. 59,

s. 153 (1).

126. For all or any of the purposes of this Ordinance a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members and a lunatic may act by his committee or curator bonis.

127. Save as provided in this Ordinance, the provisions of this Ordinance relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge, shall bind the Crown.

Unclaimed funds or dividends.

[129

128. (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.

244

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CAP. 6] Bankruptcy. [s. 125 cont.] on, or any estate, right or interest in, any real or personal property, which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assignment, surrender or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty except in respect of fees under this Ordinance. [126 Acting of corporations, partners, etc. 4 & 5 Geo. 5, c. 59, s. 149. Certain provisions to bind Crown. 4 & 5 Geo. 5, c. 59, s. 151. Unclaimed and undistributed dividends or funds. 4 & 5 Geo. 5, c. 59, s. 153 (1). 126. For all or any of the purposes of this Ordinance a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members and a lunatic may act by his committee or curator bonis. 127. Save as provided in this Ordinance, the provisions of this Ordinance relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge, shall bind the Crown. Unclaimed funds or dividends. [129 128. (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. 244
Baseline (Original)
CAP. 6] Bankruptcy. [s. 125 cont.] on, or any estate, right or interest in, any real or personal property, which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assign- ment, surrender or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instru- ment or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty except in respect of fees under this Ordinance. [126 Acting of corporations, partners, etc. 4 & 5 Geo. 5, c. 59, s. 149. Certain provisions to bind Crown. 4 & 5 Geo. 5, c. 59, s. 151. Unclaimed and undis- tributed dividends or funds. 4 & 5 Geo. 5, c. 59. s. 153 (1). 126. For all or any of the purposes of this Ordinance a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members and a lunatic may act by his committee or curator bonis. 127. Save as provided in this Ordinance, the provisions. of this Ordinance relating to the remedies against the pro- perty of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge, shall bind the Crown. Unclaimed funds or dividends. [129 128. (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 bank- ruptcy 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. 244
2026-05-03 17:25:34 · Baseline
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CAP. 6]

Bankruptcy.

[s. 125 cont.] on, or any estate, right or interest in, any real or personal property, which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assign- ment, surrender or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instru- ment or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty except in respect of fees under this Ordinance.

[126

Acting of corporations, partners, etc.

4 & 5 Geo. 5,

c. 59, s. 149.

Certain provisions

to bind Crown.

4 & 5 Geo. 5,

c. 59, s. 151.

Unclaimed and undis- tributed dividends or funds.

4 & 5 Geo. 5, c. 59.

s. 153 (1).

126. For all or any of the purposes of this Ordinance a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members and a lunatic may act by his committee or curator bonis.

127. Save as provided in this Ordinance, the provisions. of this Ordinance relating to the remedies against the pro- perty of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge, shall bind the Crown.

Unclaimed funds or dividends.

[129

128. (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 bank- ruptcy 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.

244

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