1964_BANKRUPTCY_ORDINANCE — Page 45

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1986 Ed.]

Bankruptcy

T

[CAP. 6

37

(11) The Bankruptcy (Amendment) Ordinance 1984 shall not apply in the case of a bankruptcy where the date of the receiving order occurred before the commencement* of that Ordinance, and, in such a case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 47 of 1984, s. 5)

(12) The Fifth Schedule to the Protection of Wages on Insolvency Ordinance 1985 shall not apply in the case of a bankruptcy where the date of the filing of a petition occurred before the commencement* of that Ordinance, and, in such case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 12 of 1985, s. 29(4))

39. (1) Where at the time of the presentation of the bankruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bankrupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case.

(2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the provisions of subsection (1), transfer the indenture of apprenticeship or articles of agreement to some other person.

40. The Landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for 6 months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

(47 of 1984.)

[*31.8.84.]

(12 of 1985.)

[*19.4.1985.]

Preferential claims in case of apprenticeship.

1914 c. 59, s. 34.

Landlord's power of distress.

1914 c. 59, s. 35. (Cap. 7.)

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1986 Ed.] Bankruptcy T [CAP. 6 37 (11) The Bankruptcy (Amendment) Ordinance 1984 shall not apply in the case of a bankruptcy where the date of the receiving order occurred before the commencement* of that Ordinance, and, in such a case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 47 of 1984, s. 5) (12) The Fifth Schedule to the Protection of Wages on Insolvency Ordinance 1985 shall not apply in the case of a bankruptcy where the date of the filing of a petition occurred before the commencement* of that Ordinance, and, in such case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 12 of 1985, s. 29(4)) 39. (1) Where at the time of the presentation of the bankruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bankrupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case. (2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the provisions of subsection (1), transfer the indenture of apprenticeship or articles of agreement to some other person. 40. The Landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for 6 months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available. (47 of 1984.) [*31.8.84.] (12 of 1985.) [*19.4.1985.] Preferential claims in case of apprenticeship. 1914 c. 59, s. 34. Landlord's power of distress. 1914 c. 59, s. 35. (Cap. 7.) Page 45 Page 46
Baseline (Original)
1986 Ed.] Bankruptcy T [CAP. 6 37 (11) The Bankruptcy (Amendment) Ordinance 1984 shall not apply in the case of a bankruptcy where the date of the receiving order occurred before the commencement* of that Ordinance, and, in such a case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 47 of 1984, s. 5) (12) The Fifth Schedule to the Protection of Wages on Insol- vency Ordinance 1985 shall not apply in the case of a bankruptcy where the date of the filing of a petition occurred before the commencement* of that Ordinance, and, in such case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 12 of 1985, s. 29(4)) 39. (1) Where at the time of the presentation of the bank- ruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bank- rupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprentice- ship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case. (2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the provisions of subsection (1), transfer the indenture of apprenticeship or articles of agreement to some other person. 40. The Landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for 6 months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available. (47 of 1984.) {*31.8.84.] (12 of 1985.) [*19.4.1985.] Preferential claims in case of apprenticeship. 1914 c. 59, s. 34. Landlord's power of distress. 1914 c. 59, s. 35. (Cap. 7.) Page 45Page 46
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1986 Ed.]

Bankruptcy

T

[CAP. 6

37

(11) The Bankruptcy (Amendment) Ordinance 1984 shall not apply in the case of a bankruptcy where the date of the receiving order occurred before the commencement* of that Ordinance, and, in such a case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 47 of 1984, s. 5)

(12) The Fifth Schedule to the Protection of Wages on Insol- vency Ordinance 1985 shall not apply in the case of a bankruptcy where the date of the filing of a petition occurred before the commencement* of that Ordinance, and, in such case, the provisions relating to priority of debts which would have applied if that Ordinance had not been enacted shall be deemed to remain in full force. (Added, 12 of 1985, s. 29(4))

39. (1) Where at the time of the presentation of the bank- ruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the adjudication of bankruptcy shall, if either the bank- rupt or the apprentice or clerk gives notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprentice- ship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the trustee, subject to an appeal to the court, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf and to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy and to the other circumstances of the case.

(2) Where it appears expedient to a trustee, he may, on the application of any apprentice or articled clerk to the bankrupt or any person acting on behalf of such apprentice or articled clerk, instead of acting under the provisions of subsection (1), transfer the indenture of apprenticeship or articles of agreement to some other person.

40. The Landlord or other person to whom any rent is due from the bankrupt may, subject to the provisions of Part III of the Landlord and Tenant (Consolidation) Ordinance, at any time either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy, it shall be available only for 6 months' rent accrued due prior to the date of the order of adjudication and shall not be available for rent payable in respect of any period subsequent to the date when the distress was levied, but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available.

(47 of 1984.)

{*31.8.84.]

(12 of 1985.)

[*19.4.1985.]

Preferential claims in case of apprenticeship.

1914 c. 59, s. 34.

Landlord's power of distress.

1914 c. 59, s. 35. (Cap. 7.)

Page 45Page 46

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