1964_BANKRUPTCY_ORDINANCE — Page 73

80

CAP. 6]

Bankruptcy

[1986 Ed.

Certain offences by persons other than the debtor.

(p) if he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his bankruptcy.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(2) A person who has sent out of Hong Kong any property which he has obtained on credit and has not paid for shall until the contrary is proved be deemed to have disposed of the same otherwise than in the ordinary way of his trade if, such property not having been paid or accounted for at the date of the receiving order by the person to whom the same was sent, such last-mentioned person does not pay or account for the same within a reasonable time after being called upon to do so by the trustee or cannot be found within a reasonable time. (Amended, 47 of 1984, s. 16)

(3) In any prosecution under subsection (1)(i) the absence of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was removed by the debtor contrary to the provisions of the said. paragraph or that he was privy to its removal contrary to those provisions, and thereupon the onus shall be upon the debtor to prove that he did not so remove such book or document and that he was not privy to such removal. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(4) In any prosecution under subsection (1)(i) the mutilation or falsification of any such book or document as is referred to in the said paragraph shall be prima facie evidence that such book or document was mutilated or falsified by the debtor in contravention of the provisions of the said paragraph or that he was privy to its mutilation or falsification contrary to those provisions, and there- upon the onus shall be upon the debtor to prove that he did not so mutilate or falsify the said book or document and that he was not privy to such mutilation or falsification. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(5) Any person guilty of a misdemeanor in the cases men- tioned in subsection (1)(0) shall be liable on summary conviction to imprisonment for 1 year or upon conviction on indictment to imprisonment for 5 years. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(6) For the purposes of this section, "trustee" includes the Official Receiver, whether acting as Official Receiver or as a trustee.

130. (1) If any manager, accountant or book-keeper in the employment of the debtor does any act which if committed by the debtor would be a contravention of any of the provisions of sec- tion 129(1)(i) or (j), or is privy to any such act whether committed by the debtor or by any other person, such manager, accountant or book-keeper shall be deemed to be guilty of a misdemeanor. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)