1950_BANKRUPTCY_RULES — Page 40

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 6]

Bankruptcy.

[r. 157 cont.] proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as prima facie evidence of the matters reported upon.

Application for directions.

R321. (Cap. 6).

Accounting by Official Receiver.

R323.

Accounts of debtor.

R325.

Liability for costs, expenses and damages.

R326.

158. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or any rules thereunder relating to any proceeding in court the Official Receiver may apply to the court for directions.

159. (1) Where a composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor or, as the case may be, to the trustee under the composition or scheme.

(2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy.

(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct.

160. The debtor shall on the request of the Official Receiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just.

161. The following provisions shall apply to every case in which proceedings are taken by action, motion or in any other manner against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide and reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance—

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CAP. 6] Bankruptcy. [r. 157 cont.] proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as prima facie evidence of the matters reported upon. Application for directions. R321. (Cap. 6). Accounting by Official Receiver. R323. Accounts of debtor. R325. Liability for costs, expenses and damages. R326. 158. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or any rules thereunder relating to any proceeding in court the Official Receiver may apply to the court for directions. 159. (1) Where a composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor or, as the case may be, to the trustee under the composition or scheme. (2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy. (3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct. 160. The debtor shall on the request of the Official Receiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just. 161. The following provisions shall apply to every case in which proceedings are taken by action, motion or in any other manner against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide and reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance— Page 40 Page 41
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! CAP. 6] Bankruptcy. [r. 157 cont.] proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as prima facie evidence of the matters reported upon. Application for directions. R321. (Cap. 6). Accounting by Official Receiver. R323. Accounts of debtor. R325. Liability for costs. expenses and damages. R326. 158. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or any rules thereunder relating to any proceeding in court the Official Receiver may apply to the court for directions. 159. (1) Where a composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor or, as the case may be, to the trustee under the com- position or scheme. (2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy. (3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct. 160. The debtor shall on the request of the Official Re- ceiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just. 161. The following provisions shall apply to every case in which proceedings are taken by action, motion or in any other manner against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide and reasonable belief that he is acting, in pur- suance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance— 400 Page 40Page 41
2026-05-03 17:31:29 · Baseline
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!

CAP. 6]

Bankruptcy.

[r. 157 cont.] proceedings against a bankrupt, or to commit a bankrupt, it is necessary that evidence be given by him in support of such opposition or application, such evidence may be given by a report of the Official Receiver to the court and need not be given by affidavit, and any such report of the Official Receiver to the court shall be received by the court as prima facie evidence of the matters reported upon.

Application

for directions.

R321.

(Cap. 6).

Accounting by Official Receiver.

R323.

Accounts of debtor.

R325.

Liability for costs. expenses and damages.

R326.

158. In any case of doubt or difficulty or in any matter not provided for by the Ordinance or any rules thereunder relating to any proceeding in court the Official Receiver may apply to the court for directions.

159. (1) Where a composition or scheme is sanctioned by the court the Official Receiver shall pay over any surplus in hand after making all proper deductions therefrom to the debtor or, as the case may be, to the trustee under the com- position or scheme.

(2) Where a debtor is adjudged bankrupt and a trustee is appointed, the Official Receiver shall pay such surpluses as aforesaid to the trustee in the bankruptcy.

(3) The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct.

160. The debtor shall on the request of the Official Re- ceiver furnish him with all such accounts and particulars as he may require. If the debtor fails to comply with the requirements of this rule the Official Receiver shall report such failure to the court and the court shall take such action on such report as the court may think just.

161. The following provisions shall apply to every case in which proceedings are taken by action, motion or in any other manner against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide and reasonable belief that he is acting, in pur- suance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance—

400

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