1986 Ed.]
Bankruptcy
[CAP. 6
109. Any 2 or more persons, being partners, or any person carrying on business under a partnership name, may take proceedings or be proceeded against under this Ordinance in the name of the firm, but in such case the court may, on application by any person interested, order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner, and verified on oath or otherwise, as the court may direct.
PART VII
SUPPLEMENTAL PROVISIONS
Disobedience to order of court
110. Where default is made by a trustee, debtor or other person in obeying any order or direction made or given by the court under this Ordinance, the court may make an immediate order for the committal of such trustee, debtor or other person for contempt of court:
Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy or liability in respect of such default.
Application of Ordinance
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
111. A receiving order shall not be made against any corporation, or against any association or company registered under the Companies Ordinance, or any enactment repealed by that Ordinance, or against any partnership registered under the Limited Partnerships Ordinance.
112. (1) Any creditor of a deceased debtor whose debt would have been sufficient to support a bankruptcy petition against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy.
(2) The petition shall be served on the legal personal representative of the deceased debtor or, if there is none in Hong Kong, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs. (Amended, 47 of 1984, s. 16)
Proceedings in partnership name.
1914 c. 59, s. 119.
71
Disobedience to order of court. 1914 c. 59, s. 105(5). Rules.
Forms 98, 101.
Exclusion of corporations, companies and limited partnerships.
1914 c. 59, s. 126. (Cap. 32.) (Cap. 37.)
Administration in bankruptcy of estate of person dying insolvent.
1914 c. 59, s. 130. Rules.
Form 134.
1986 Ed.]
Bankruptcy
[CAP. 6
109. Any 2 or more persons, being partners, or any person carrying on business under a partnership name, may take procee- dings or be proceeded against under this Ordinance in the name of the firm, but in such case the court may, on application by any person interested, order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner, and verified on oath or otherwise, as the court may direct.
PART VII
SUPPLEMENTAL PROVISIONS
Disobedience to order of court
110. Where default is made by a trustee, debtor or other person in obeying any order or direction made or given by the court under this Ordinance, the court may make an immediate order for the committal of such trustee, debtor or other person for contempt of court:
Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy or liability in respect of such default.
Application of Ordinance
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
111. A receiving order shall not be made against any corpora- tion, or against any association or company registered under the Companies Ordinance, or any enactment repealed by that Ordin- ance, or against any partnership registered under the Limited Partnerships Ordinance.
112. (1) Any creditor of a deceased debtor whose debt would have been sufficient to support a bankruptcy petition against the debtor, had he been alive, may present to the court a petition in the prescribed form praying for an order for the administration in bankruptcy of the estate of the deceased debtor, according to the law of bankruptcy.
(2) The petition shall be served on the legal personal represen- tative of the deceased debtor or, if there is none in Hong Kong, on the Official Administrator, and the court may in the prescribed manner, upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy of the deceased debtor's estate or may upon cause shown dismiss the petition with or without costs. (Amended, 47 of 1984, s. 16)
Proceedings in partnership
name.
1914 c. 59, s. 119.
71
Disobedience to order of court. 1914 c. 59, s. 105(5). Rules.
Forms 98, 101.
Exclusion of corporations, companies and limited partnerships.
1914 c. 59, s. 126. (Cap. 32.) (Cap. 37.)
Administration in bankruptcy of estate of person dying insolvent.
1914 c. 59, s. 130. Rules.
Form 134.
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