1950_BANKRUPTCY_RULES — Page 23

HK Historical Laws 香港歷史法例 All AI Reviewed

Bankruptcy.

Discharge.

[CAP. 6

Forms 81

88. (1) A bankrupt intending to apply for his discharge shall file an application for a day to be fixed for the hearing and when a day for the hearing has been fixed the Official Receiver shall forthwith send notice thereof to the Gazette and to one local newspaper.

(2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the Official Receiver to each creditor not less than fourteen days before the day so appointed.

89. Without prejudice to the provisions of section 98 of the Ordinance, an appeal to the Full Court shall lie at the instance of the Official Receiver from any order of the court made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication.

Report of Official Receiver.

90. In every case of an application by a bankrupt for his discharge the report of the Official Receiver shall be filed not less than seven days before the time fixed for hearing the application.

91. Where a bankrupt intends to dispute any statement with regard to his conduct and affairs contained in the Official Receiver's report, he shall, not less than three days before the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application.

92. A bankrupt shall not be entitled to have any of the costs of or incidental to his application for his discharge allowed to him out of his estate.

Page 383

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Bankruptcy. Discharge. [CAP. 6 Forms 81 88. (1) A bankrupt intending to apply for his discharge shall file an application for a day to be fixed for the hearing and when a day for the hearing has been fixed the Official Receiver shall forthwith send notice thereof to the Gazette and to one local newspaper. (2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the Official Receiver to each creditor not less than fourteen days before the day so appointed. 89. Without prejudice to the provisions of section 98 of the Ordinance, an appeal to the Full Court shall lie at the instance of the Official Receiver from any order of the court made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication. Report of Official Receiver. 90. In every case of an application by a bankrupt for his discharge the report of the Official Receiver shall be filed not less than seven days before the time fixed for hearing the application. 91. Where a bankrupt intends to dispute any statement with regard to his conduct and affairs contained in the Official Receiver's report, he shall, not less than three days before the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application. 92. A bankrupt shall not be entitled to have any of the costs of or incidental to his application for his discharge allowed to him out of his estate. Page 383

Baseline (Original)

Bankruptcy. Discharge. [CAP. 6 Forms 81 88. (1) A bankrupt intending to apply for his discharge Application, shall file an application for a day to be fixed for the hearing R227. and when a day for the hearing has been fixed the Official to $4. Receiver shall forthwith send notice thereof to the Gazette and to one local newspaper. (2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the Official Receiver to each creditor not less than fourteen days before the day so appointed. 89. Without prejudice to the provisions of section 98 of Appeals. the Ordinance, an appeal to the Full Court shall lie at the R229. instance of the Official Receiver from any order of the court (Cap. 6). made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the .trustee (if any) from any order of the court made upon an application for discharge or for annulment of adjudication. Report of Official 90. In every case of an application by a bankrupt for his discharge the report of the Official Receiver shall be filed not Receiver. less than seven days before the time fixed for hearing the R230. application. answer to 91. Where a bankrupt intends to dispute any statement Evidence in with regard to his conduct and affairs contained in the Official report. Receiver's report, he shall, not less than three days before R231. the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application. 92. A bankrupt shall not be entitled to have any of the Costs of costs of or incidental to his application for his discharge. application. allowed to him out of his estate. R232. 383

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Bankruptcy.

Discharge.

[CAP. 6

Forms 81

88. (1) A bankrupt intending to apply for his discharge Application, shall file an application for a day to be fixed for the hearing R227. and when a day for the hearing has been fixed the Official to $4. Receiver shall forthwith send notice thereof to the Gazette and to one local newspaper.

89. Without prejudice to the provisions of section 98 of Appeals. the Ordinance, an appeal to the Full Court shall lie at the R229. instance of the Official Receiver from any order of the court (Cap. 6). made upon an application for the rescission of a receiving order, and at the instance of the Official Receiver or of the .trustee (if any) from any order of the court made upon an

application for discharge or for annulment of adjudication.

Report of

Official

90. In every case of an application by a bankrupt for his discharge the report of the Official Receiver shall be filed not Receiver. less than seven days before the time fixed for hearing the R230. application.

answer to

91. Where a bankrupt intends to dispute any statement Evidence in with regard to his conduct and affairs contained in the Official report. Receiver's report, he shall, not less than three days before R231. the hearing of the application for discharge, give notice in writing to the Official Receiver, specifying the statements in the report, if any, which he proposes at the hearing to dispute. Any creditor who intends to oppose the discharge of a bankrupt on grounds other than those mentioned in the Official Receiver's report shall give notice of the intended opposition, stating the grounds thereof, to the Official Receiver and to the bankrupt not less than three days before the hearing of the application.

92. A bankrupt shall not be entitled to have any of the Costs of costs of or incidental to his application for his discharge. application.

allowed to him out of his estate.

R232.

383

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