1964_BANKRUPTCY_ORDINANCE — Page 35

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1986 Ed.]

Bankruptcy

[CAP. 6

27

ruptcy, or any felony connected with his bankruptcy, or where in any case any of the facts hereinafter mentioned are proved the court shall-

(a) refuse the discharge; or

(b) suspend the discharge for such period as the court thinks

proper; or

(c) suspend the discharge until a dividend of not less than 50

per cent has been paid to the creditors; or

(d) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the Official Receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge, such balance or part of any balance of the debts to be paid out of the future earnings or after acquired property of the bankrupt in such manner and subject to such conditions as the court may direct; but execution shall not be issued on the judgment without leave of the court, which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts:

Provided that, if at any time after the expiration of 2 years from the date of any order made under this section the bankrupt satisfies the court that there is no reasonable probability of his being in a position to comply with the terms of such order, the court may modify the terms of the order or of any substituted order in such manner and upon such conditions as it may think fit.

(4) The facts hereinbefore referred to are-

(a) that the bankrupt's assets are not of a value equal to 50 per cent of his unsecured liabilities, unless he satisfies the court that the fact that the assets are not of a value of 50 per cent of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible;

(b) that the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him and as sufficiently disclose his business transactions and financial position within the 3 years immediately. preceding his bankruptcy, or in the case of a firm carrying on business under a Chinese firm name, that a partnership book has not been kept, or that such books have not been available for the trustee during the bankruptcy proceed- ings, unless they have been accidentally lost or destroyed, the onus of proof of such accidental loss or destruction being on the bankrupt;

(c) that the bankrupt has continued to trade after knowing

himself to be insolvent;

1926 c. 7, s. 1(1)(6).

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