1964_BANKRUPTCY_ORDINANCE — Page 81

888

CAP. 6]

Bankruptcy

[1986 Ed.

(Cap. 221.)

(3) For the purposes of this paragraph an appeal against a conviction is pending-

(a) in any case until the expiration of the time for giving notice of appeal or applying for leave to appeal under section 83Q of the Criminal Procedure Ordinance (disregarding any extension of time which may be granted under subsection (3) of that section);

(b) if notice of appeal or of application for leave is given during that period and during that period the appellant notifies the Official Receiver thereof, until the determination of the appeal and thereafter for so long as an appeal to the Privy Council is pending within the meaning of section 84B(5) of that Ordinance.

(4) Where in consequence of an appeal a criminal bankruptcy order is rescinded

(a) any bankruptcy petition based on the order shall lapse and any receiving order or adjudication of bankruptcy made in consequence thereof shall cease to have effect, but without prejudice to anything previously done thereunder;

(b) where any such adjudication ceases to have effect, the property of the person who was adjudicated bankrupt shall revert to him for all his estate or interest therein; and

(c) the court may, on his application or on the application of the Official Receiver, by order give such directions, if any, as appear to the said court to be necessary or desirable in consequence of the provisions of sub- paragraphs (a) and (b).

(5) Where in consequence of an appeal a criminal bankruptcy order is amended by the deletion of any amount specified therein as the loss or damage suffered by any person, paragraph 3 shall not thereafter apply to that loss or damage but without prejudice to anything done before the amendment takes effect.

PART III

FUNCTIONS OF OFFICIAL PETITIONER

Presentation of criminal bankruptcy petition by Official Petitioner

12. (1) The Official Petitioner may present a criminal bankruptcy petition, and a receiving order may be made on that petition.

(2) Section 6, as modified by paragraph 4 of this Schedule, shall apply to a criminal bankruptcy petition presented by the Official Petitioner as it applies to a petition presented by a creditor, but the court may allow the petition to be presented later than required by subsection (1)(c) of that section.

(3) The following provisions ----

(a) section 9(2) (making of receiving order on creditor's petition);

(b) section 9(3) (dismissal of petition); and

(c) section 9(7) (withdrawal of creditor's petition),

shall apply in relation to a criminal bankruptcy petition presented by the Official Petitioner as if any reference to the debt of the petitioning creditor were a reference to any criminal bankruptcy debt within the meaning of this Schedule; and paragraph 5 shall have effect in relation to section 9(2) and (3) as they apply by virtue of this paragraph.

Presentation of criminal bankruptcy administration petition by Official Petitioner

13. (1) The Official Petitioner may present a petition under section 112 in any case in which a creditor could do so by virtue of this Schedule, and an order may be made under that section on that petition.

(2) Section 112(2) shall have effect in relation to a petition presented by the Official Petitioner as if the reference to the petitioner's debt were a reference to any criminal bankruptcy debt within the meaning of this Schedule.

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