1986 Ed.]
Bankruptcy
[CAP. 6
67
........
(5) Subject to general rules, the court may in any matter take the whole or any part of the evidence viva voce or by interrogatories or upon affidavit or, out of Hong Kong, by commission. (Amended, 47 of 1984, s. 16)
100A. (1) Where it appears to the court on application being made by the Official Receiver or by any creditor at any time after the presentation of a bankruptcy petition, whether presented before or after the commencement* of the Bankruptcy (Amendment) Ordinance 1965, that by reason of the large number of creditors or for any other reason the interest of the creditors so requires, it may, on or after the making of a receiving order, order that the bankruptcy proceedings shall be regulated specially by the court, and such order shall be known as a regulating order.
(2) A regulating order shall be published in such manner as the court may direct, and sections 100B to 100H inclusive shall apply to the bankruptcy proceedings where a regulating order has been made but not otherwise.
(3) Where a regulating order is made the Bankruptcy Rules shall apply mutatis mutandis to the Official Receiver, trustee and committee of inspection appointed or acting after the making of a regulating order, and to the conduct of any ballot or other proceedings ordered by the court under section 100B or 100F.
(4) Where any order made under sections 100B to 100G inclusive prescribes any procedure it shall be deemed to be in substitution for the procedure which would be required by this Ordinance but for the making of such order, and in particular where any such order prescribes a procedure for doing something which would otherwise be done at a meeting of creditors no such meeting shall be required to be held.
(Added, 21 of 1965, s. 2)
100B. (1) The court may on the application of the Official Receiver by order dispense with the summoning of the first meeting of creditors required under section 17.
(2) The court may order that the wishes of creditors be ascertained for the purpose of accepting or rejecting any composition in such manner as it may direct without the holding of meetings under section 20 or 25, and for such purpose may direct the manner in which any composition be communicated to such creditors.
(3) Without derogating from the generality of subsection (2) the court may direct the holding of a ballot and the use of voting letters.
(4) Notwithstanding anything in section 20 or 25, where a majority in number and three-fourths in value of all the creditors who have proved their debt, or who by virtue of section 100H are deemed for voting purposes to have proved a debt exceeding $100,
Court may make a regulating order.
(21 of 1965.) [*15.4.65]
(Cap. 6, sub. leg.)
First meeting and composition.
(
1986 Ed.]
Bankruptcy
[CAP. 6
67
........
(5) Subject to general rules, the court may in any matter take the whole or any part of the evidence viva voce or by interroga- tories or upon affidavit or, out of Hong Kong, by commission. (Amended, 47 of 1984, s. 16)
100A. (1) Where it appears to the court on application being made by the Official Receiver or by any creditor at any time after the presentation of a bankruptcy petition, whether presented before or after the commencement* of the Bankruptcy (Amendment) Ordin- ance 1965, that by reason of the large number of creditors or for any other reason the interest of the creditors so requires, it may, on or after the making of a receiving order, order that the bankruptcy proceedings shall be regulated specially by the court, and such order shall be known as a regulating order.
(2) A regulating order shall be published in such manner as the court may direct, and sections 100B to 100H inclusive shall apply to the bankruptcy proceedings where a regulating order has been made but not otherwise.
(3) Where a regulating order is made the Bankruptcy Rules shall apply mutatis mutandis to the Official Receiver, trustee and committee of inspection appointed or acting after the making of a regulating order, and to the conduct of any ballot or other proceed- ings ordered by the court under section 100B or 100F.
(4) Where any order made under sections 100B to 100G inclusive prescribes any procedure it shall be deemed to be in substitution for the procedure which would be required by this Ordinance but for the making of such order, and in particular where any such order prescribes a procedure for doing something which would otherwise be done at a meeting of creditors no such meeting shall be required to be held.
(Added, 21 of 1965, s. 2)
100B. (1) The court may on the application of the Official Receiver by order dispense with the summoning of the first meeting of creditors required under section 17.
(2) The court may order that the wishes of creditors be ascertained for the purpose of accepting or rejecting any composi- tion in such manner as it may direct without the holding of meetings under section 20 or 25, and for such purpose may direct the manner in which any composition be communicated to such creditors.
(3) Without derogating from the generality of subsection (2) the court may direct the holding of a ballot and the use of voting letters.
(4) Notwithstanding anything in section 20 or 25, where a majority in number and three-fourths in value of all the creditors who have proved their debt, or who by virtue of section 100H are deemed for voting purposes to have proved a debt exceeding $100,
Court may make a regulating order.
(21 of 1965.) [*15.4.65]
(Cap. 6, sub. leg.)
First meeting and composition.
(
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