10
CAP. 6]
Bankruptcy
[1986 Ed.
Rules.
Form 2.
or otherwise absents himself, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court;
(e) if execution against him has been levied by seizure of his goods under process in an action, or proceeding in the court, and the goods have been either sold or held by the bailiff for 21 days:
Provided that, where an interpleader summons has been taken out in regard to the goods seized, the time elapsing between the date at which such summons is taken out and the date at which the proceedings on such summons are finally disposed of, settled or abandoned shall not be taken into account in calculating such period of 21 days;
(f) if he files in the court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; (g) if a creditor has obtained a final judgment or final order against him for any amount, and execution thereon not having been stayed, has served on him in Hong Kong or, by leave of the court, elsewhere, a bankruptcy notice under this Ordinance, and he does not, within 7 days after service of the notice, in case the service is effected in Hong Kong, and in case the service is effected elsewhere, then within the time limited in that behalf by the order giving leave to effect the service, either comply with the requirements of the notice or satisfy the court that he has a counter-claim set off or cross demand which equals or exceeds the amount of the judgment debt or sum ordered to be paid, and which he could not set up in the action in which the judgment was obtained or the proceedings in which the order was obtained:
For the purposes of this paragraph and of section 4, any person who is for the time being entitled to enforce a final judgment or final order shall be deemed to be a creditor who has obtained a final judgment or final order;
(h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.
(2) In this Ordinance, "a debtor", unless the context otherwise requires, includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him--
(a) was personally present in Hong Kong; or
(b) ordinarily resided or had a place of residence in Hong Kong; or
10
CAP. 6]
Bankruptcy
[1986 Ed.
Rules.
Form 2.
or otherwise absents himself, or begins to keep house, or removes his property or any part thereof beyond the jurisdiction of the court;
(e) if execution against him has been levied by seizure of his goods under process in an action, or proceeding in the court, and the goods have been either sold or held by the bailiff for 21 days:
Provided that, where an interpleader summons has been taken out in regard to the goods seized, the time elapsing between the date at which such summons is taken out and the date at which the proceedings on such summons are finally disposed of, settled or abandoned shall not be taken into account in calculating such period of 21 days;
(f) if he files in the court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself; (g) if a creditor has obtained a final judgment or final order against him for any amount, and execution thereon not having been stayed, has served on him in Hong Kong or, by leave of the court, elsewhere, a bankruptcy notice under this Ordinance, and he does not, within 7 days after service of the notice, in case the service is effected in Hong Kong, and in case the service is effected elsewhere, then within the time limited in that behalf by the order giving leave to effect the service, either comply with the requirements of the notice or satisfy the court that he has a counter-claim set off or cross demand which equals or exceeds the amount of the judgment debt or sum ordered to be paid, and which he could not set up in the action in which the judgment was obtained or the proceedings in which the order was obtained:
For the purposes of this paragraph and of section 4, any person who is for the time being entitled to enforce a final judgement or final order shall be deemed to be a creditor who has obtained a final judgment or final order;
(h) if the debtor gives notice to any of his creditors that he has suspended or that he is about to suspend payment of his debts.
(2) In this Ordinance, "a debtor", unless the context other- wise requires, includes any person, whether a British subject or not, who at the time when any act of bankruptcy was done or suffered by him--
(a) was personally present in Hong Kong; or
(b) ordinarily resided or had a place of residence in Hong
Kong; or
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