1950_BANKRUPTCY_RULES — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 61

[r. 49 cont.]

Attestation.

R148.

Deposit by petitioner,

R149.

(Cap. 6).

Registration of petition in Land Office or District Land Office,

Bankruptcy.

at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.

(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

50. Every bankruptcy petition shall be attested. If it be attested in the Colony the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of the Colony the witness must be a judge or magistrate or a British consul or vice-consul or a notary public.

51. (1) Upon the presentation of a petition either by the debtor or by a creditor the petitioner shall deposit with the Official Receiver the sum of one hundred dollars, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar.

(2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance.

52. When a petition is filed the Official Receiver may register a memorial of the petition in the Land Office or in any District Land Office against any property registered

374

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CAP. 61 [r. 49 cont.] Attestation. R148. Deposit by petitioner, R149. (Cap. 6). Registration of petition in Land Office or District Land Office, Bankruptcy. at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. 50. Every bankruptcy petition shall be attested. If it be attested in the Colony the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of the Colony the witness must be a judge or magistrate or a British consul or vice-consul or a notary public. 51. (1) Upon the presentation of a petition either by the debtor or by a creditor the petitioner shall deposit with the Official Receiver the sum of one hundred dollars, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar. (2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance. 52. When a petition is filed the Official Receiver may register a memorial of the petition in the Land Office or in any District Land Office against any property registered 374
Baseline (Original)
CAP. 61 [r. 49 cont.] Attestation. R148. Deposit by petitioner, R149. (Cap. 6). Registration of petition in Land Office or District Land Office, Bankruptcy. at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. 50. Every bankruptcy petition shall be attested. If it be attested in the Colony the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of the Colony the witness must be a judge or magistrate or a British consul or vice-consul or a notary public. 51. (1) Upon the presentation of a petition either by the debtor or by a creditor the petitioner shall deposit with the Official Receiver the sum of one hundred dollars, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar. (2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance. 52. When a petition is filed the Official Receiver may register a memorial of the petition in the Land Office or in any District Land Office against any property registered 374
2026-05-03 17:28:12 · Baseline
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CAP. 61

[r. 49 cont.]

Attestation.

R148.

Deposit by petitioner,

R149.

(Cap. 6).

Registration of petition in Land Office or District

Land Office,

Bankruptcy.

at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied.

(2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor, as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

50. Every bankruptcy petition shall be attested. If it be attested in the Colony the witness must be a solicitor or the Official Receiver or the Registrar. If it be attested out of the Colony the witness must be a judge or magistrate or a British consul or vice-consul or a notary public.

51. (1) Upon the presentation of a petition either by the debtor or by a creditor the petitioner shall deposit with the Official Receiver the sum of one hundred dollars, and such further sum (if any) as the court may from time to time direct, to cover the fees and expenses to be incurred by the Official Receiver; and no petition shall be received unless the receipt of the Official Receiver for the deposit payable on the presentation of the petition is produced to the Registrar.

(2) The Official Receiver shall account for the money so deposited to the creditor or, as the case may be, to the debtor's estate, and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the Official Receiver) out of the proceeds of the estate in the order of priority prescribed by section 37 of the Ordinance.

52. When a petition is filed the Official Receiver may register a memorial of the petition in the Land Office or in any District Land Office against any property registered

374

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