84
CAP. 6]
Bankruptcy
[1986 Ed.
Order by court for prosecution on report of trustee.
1914 c. 59, s. 161.
1926 c. 7, s. 8.
Criminal liability after discharge or composition.
1914 c. 59, s. 162.
Trial and punishment of offences.
1914 c. 59, s. 164. 1926 c. 7, s. 10.
petition by or against him or within 3 months next before such presentation, conceals or absents himself as aforesaid or quits Hong Kong shall until the contrary is proved be deemed to have concealed or absented himself or quitted Hong Kong with such intent as is mentioned in this section.
137. [Repealed, 21 of 1970, s. 35]
(Amended, 47 of 1984, s. 16)
138. Where the Official Receiver or a trustee in a bankruptcy reports to the court that in his opinion a debtor who has been adjudged bankrupt or in respect of whose estate a receiving order has been made has been guilty of any offence under this Ordinance, or where the court is satisfied upon the representation of any creditor or member of the committee of inspection that there is ground to believe that the debtor has been guilty of any such offence, the court shall, if it appears to the court that there is a reasonable probability that the debtor will be convicted and that the circumstances are such as to render a prosecution desirable, order that the debtor be prosecuted for such offence, but no such order shall be a condition antecedent to any prosecution under this Ordinance.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
139. Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved.
140. (1) A person guilty of an offence declared to be a misdemeanor under this Ordinance in respect of which no special penalty is imposed by this Ordinance shall be guilty of a misdemeanor triable summarily, and shall be liable to imprisonment for 2 years. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40 and 22 of 1950, s. 3)
(2) Summary proceedings in respect of any such offence shall not be instituted after 1 year from the first discovery thereof either by the Official Receiver or by the trustee in the bankruptcy, or in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after 3 years from the commission of the offence.
(3) In an indictment for an offence under this Ordinance it shall be sufficient to set forth the substance of the offence charged in the words of this Ordinance specifying the offence, or as near thereto as circumstances admit, without alleging or setting forth any debt, act of bankruptcy, trading, adjudication, or any proceedings in, or order, warrant or document of, the court acting under this Ordinance. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
84
CAP. 6]
Bankruptcy
[1986 Ed.
Order by court for prosecution on report of trustee.
1914 c. 59, s. 161.
1926 c. 7, s. 8.
Criminal liability after discharge or composition.
1914 c. 59, s. 162.
Trial and punishment of offences.
1914 c. 59, s. 164. 1926 c. 7, s. 10.
petition by or against him or within 3 months next before such presentation, conceals or absents himself as aforesaid or quits Hong Kong shall until the contrary is proved be deemed to have concealed or absented himself or quitted Hong Kong with such intent as is mentioned in this section.
137. [Repealed, 21 of 1970, s. 35]
(Amended, 47 of 1984, s. 16)
138. Where the Official Receiver or a trustee in a bankruptcy reports to the court that in his opinion a debtor who has been adjudged bankrupt or in respect of whose estate a receiving order has been made has been guilty of any offence under this Ordinance, or where the court is satisfied upon the representation of any creditor or member of the committee of inspection that there is ground to believe that the debtor has been guilty of any such offence, the court shall, if it appears to the court that there is a reasonable probability that the debtor will be convicted and that the circumstances are such as to render a prosecution desirable, order that the debtor be prosecuted for such offence, but no such order shall be a condition antecedent to any prosecution under this Ordinance.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
139. Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason. that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved.
140. (1) A person guilty of an offence declared to be a mis- demeanor under this Ordinance in respect of which no special penalty is imposed by this Ordinance shall be guilty of a mis- demeanor triable summarily, and shall be liable to imprisonment for 2 years. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40 and 22 of 1950, s. 3)
(2) Summary proceedings in respect of any such offence shall not be instituted after 1 year from the first discovery thereof either by the Official Receiver or by the trustee in the bankruptcy, or in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after 3 years from the commission of the offence.
(3) In an indictment for an offence under this Ordinance it shall be sufficient to set forth the substance of the offence charged in the words of this Ordinance specifying the offence, or as near thereto as circumstances admit, without alleging or setting forth any debt, act of bankruptcy, trading, adjudication, or any proceedings in, or order, warrant or document of, the court acting under this Ordin- (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
ance.
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