1950_BANKRUPTCY_RULES — Page 24

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 61

Orders conditional on consent to judgment

R233. Forms 90 to 92.

Order.

R234. Forms 85 to 89.

Gazetting order.

R235.

Execution on judgment in case of conditional discharge.

R236.

Accounts of after-acquired property.

R237.

Bankruptcy.

93. (1) Where the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed or delivered out until the bankrupt has given the required consent.

(2) If the bankrupt does not give the required consent within one month of the making of the conditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit.

94. The order of the court made on an application for discharge shall be dated of the day on which it is made and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Full Court thereon.

95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forthwith gazette the same, and advertise it in one local newspaper.

96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged the Registrar shall fix a day for the hearing.

(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding.

97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or

384

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CAP. 61 Orders conditional on consent to judgment R233. Forms 90 to 92. Order. R234. Forms 85 to 89. Gazetting order. R235. Execution on judgment in case of conditional discharge. R236. Accounts of after-acquired property. R237. Bankruptcy. 93. (1) Where the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed or delivered out until the bankrupt has given the required consent. (2) If the bankrupt does not give the required consent within one month of the making of the conditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit. 94. The order of the court made on an application for discharge shall be dated of the day on which it is made and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Full Court thereon. 95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forthwith gazette the same, and advertise it in one local newspaper. 96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged the Registrar shall fix a day for the hearing. (2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor absconding. 97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or 384
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CAP. 61 Orders conditional on consent to judgment R233. Forms 90 to 92. Order. R234. Forms 85 to 89. Gazetting order. R235. Execution on judgment in case of conditional discharge. R236. Accounts of after-acquired property. R237. Bankruptcy. 93. (1) Where the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed or delivered out until the bankrupt has given the required consent.. (2) If the bankrupt does not give the required consent within one month of the making of the conditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit. 94. The order of the court made on an application for discharge shall be dated of the day on which it is made and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for. appeal, or if an appeal be entered, until after the decision of the Full Court thereon. 95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forthwith gazette the same, and advertise it in one local newspaper. 96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged the Registrar shall fix a day for the hearing. (2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor abscond- ing. 97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or 384
2026-05-03 17:29:18 · Baseline
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CAP. 61

Orders conditional on consent to judgment

R233. Forms 90 to 92.

Order.

R234. Forms 85 to 89.

Gazetting order.

R235.

Execution on judgment in

case of

conditional

discharge.

R236.

Accounts of after-acquired property.

R237.

Bankruptcy.

93. (1) Where the court grants an order of discharge conditionally upon the bankrupt consenting to judgment being entered against him by the Official Receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge, the order of discharge shall not be signed, completed or delivered out until the bankrupt has given the required consent..

(2) If the bankrupt does not give the required consent within one month of the making of the conditional order the court may, on the application of the Official Receiver or trustee, revoke the order or make such other order as the court may think fit.

94. The order of the court made on an application for discharge shall be dated of the day on which it is made and shall take effect from the day on which the order is drawn up and signed; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for. appeal, or if an appeal be entered, until after the decision of the Full Court thereon.

95. When the time for appeal has expired or, as the case may be, when the appeal has been decided by the Full Court the Official Receiver shall forthwith gazette the same, and advertise it in one local newspaper.

96. (1) An application by the Official Receiver or trustee for leave to issue execution on a judgment entered pursuant to a conditional order of discharge shall be in writing and shall state shortly the grounds on which the application is made. When the application is lodged the Registrar shall fix a day for the hearing.

(2) The Official Receiver or trustee shall give notice of the application to the debtor not less than four days before the day appointed for the hearing and shall at the same time furnish him with a copy of the application. Such notice may be shortened or dispensed with on sufficient grounds, one of which shall be the probability of the debtor abscond- ing.

97. Where a bankrupt is discharged subject to the condition that judgment shall be entered against him, or

384

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