1986 Ed.]
Bankruptcy
[CAP. 6
17
Public examination of debtor
19. (1) Where the court makes a receiving order, it shall, save as in this Ordinance provided, hold a public sitting, on a day to be appointed by the court, for the examination of the debtor, and the debtor shall attend thereat and shall be examined as to his conduct, dealings and property.
(2) The examination shall be held as soon as conveniently may be after the expiration of the time for the submission of the debtor's statement of affairs.
(3) The court may adjourn the examination from time to time.
(4) Any creditor who has tendered a proof, or his representative authorized in writing, may question the debtor concerning his affairs and the causes of his failure.
(5) The Official Receiver shall take part in the examination of the debtor, and for the purpose thereof, if specially authorized by the court, may employ a solicitor with or without counsel. No solicitor or counsel shall be allowed to take part in the examination on behalf of the debtor.
(6) If a trustee is appointed before the conclusion of the examination, he may take part therein.
(7) The court may put such questions to the debtor as it may think expedient.
(8) The debtor shall be examined upon oath and it shall be his duty to answer all such questions as the court may put or allow to be put to him. Such notes of the examination as the court thinks proper shall be taken down either in shorthand or longhand and they or a transcript thereof shall be read over either to or by the debtor and signed by him and may thereafter, save as in this Ordinance provided, be used in evidence against him; they shall also be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee.
(9) When the court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall by order declare that his examination is concluded, but such order shall not be made until after the day appointed for the first meeting of creditors.
(10) Where the debtor is a lunatic or suffers from any such mental or physical affliction or disability as in the opinion of the court makes him unfit to attend his public examination, or is absent from Hong Kong, the court may make an order dispensing with such examination or directing that the debtor be examined on such terms, in such manner and at such place as to the court seems expedient. (Amended, 47 of 1984, s. 16)
Public examination of debtor.
[cf. 1914 c. 59, s. 15.] Rules.
Forms 52 to 63.
[See s. 141.]
Page 25
Page 26
1986 Ed.]
Bankruptcy
[CAP. 6
17
Public examination of debtor
19. (1) Where the court makes a receiving order, it shall, save as in this Ordinance provided, hold a public sitting, on a day to be appointed by the court, for the examination of the debtor, and the debtor shall attend thereat and shall be examined as to his conduct, dealings and property.
(2) The examination shall be held as soon as conveniently may be after the expiration of the time for the submission of the debtor's statement of affairs.
(3) The court may adjourn the examination from time to time.
(4) Any creditor who has tendered a proof, or his representa- tive authorized in writing, may question the debtor concerning his affairs and the causes of his failure.
(5) The Official Receiver shall take part in the examination of the debtor, and for the purpose thereof, if specially authorized by the court, may employ a solicitor with or without counsel. No solicitor or counsel shall be allowed to take part in the examination on behalf of the debtor.
(6) If a trustee is appointed before the conclusion of the examination, he may take part therein.
(7) The court may put such questions to the debtor as it may think expedient.
(8) The debtor shall be examined upon oath and it shall be his duty to answer all such questions as the court may put or allow to be put to him. Such notes of the examination as the court thinks proper shall be taken down either in shorthand or longhand and they or a transcript thereof shall be read over either to or by the debtor and signed by him and may thereafter, save as in this Ordinance provided, be used in evidence against him; they shall also be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee.
(9) When the court is of opinion that the affairs of the debtor have been sufficiently investigated, it shall by order declare that his examination is concluded, but such order shall not be made until after the day appointed for the first meeting of creditors.
(10) Where the debtor is a lunatic or suffers from any such mental or physical affliction or disability as in the opinion of the court makes him unfit to attend his public examination, or is absent from Hong Kong, the court may make an order dispensing with such examination or directing that the debtor be examined on such terms, in such manner and at such place as to the court seems expedient. (Amended, 47 of 1984, s. 16)
Public examination of debtor.
[cf. 1914 c. 59, s. 15.) Rules.
Forms 52 to 63.
[See s. 141.]
Page 25Page 26
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