1964_BANKRUPTCY_RULES — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

1977 Ed.]

Bankruptcy Rules

[CAP. 6

All

[Subsidiary]

Preparation of order

Forms 70, 78, 80,

85 to 92.

12. If within 1 week from the making of an order of adjudica- Preparation

of order. tion, an order annulling adjudication or rescinding a receiving

R37. order, an order on application to approve a composition or scheme, an order annulling a composition or scheme, or an order on application for discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order:

Provided that-

(a) if in any case the judge is of opinion that the provisions of this rule ought not to apply, he may so order; and

(b) where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him.

Security in court

13. Except where these rules otherwise provide, where a person is required to give security such security shall be in the form of a bond with 2 sureties to the person proposed to be secured:

Provided that the court may direct that one surety shall suffice.

14. The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum.

15. Where a person is required to give security, he may in lieu thereof lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his solicitor or agent, setting forth the conditions on which the money is deposited.

16. The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these rules.

17. The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of a bond or a deposit.

Kor

an insurance company

Security by bond.

R38. Form 19,

Amount of bond.

R39.

Deposit in lieu of bond.

R40.

Money lodged in court.

R41.

Security of

guarantee society, etc. R42.

L.N. 231/84.

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1977 Ed.] Bankruptcy Rules [CAP. 6 All [Subsidiary] Preparation of order Forms 70, 78, 80, 85 to 92. 12. If within 1 week from the making of an order of adjudica- Preparation of order. tion, an order annulling adjudication or rescinding a receiving R37. order, an order on application to approve a composition or scheme, an order annulling a composition or scheme, or an order on application for discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order: Provided that- (a) if in any case the judge is of opinion that the provisions of this rule ought not to apply, he may so order; and (b) where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him. Security in court 13. Except where these rules otherwise provide, where a person is required to give security such security shall be in the form of a bond with 2 sureties to the person proposed to be secured: Provided that the court may direct that one surety shall suffice. 14. The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum. 15. Where a person is required to give security, he may in lieu thereof lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his solicitor or agent, setting forth the conditions on which the money is deposited. 16. The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these rules. 17. The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of a bond or a deposit. Kor an insurance company Security by bond. R38. Form 19, Amount of bond. R39. Deposit in lieu of bond. R40. Money lodged in court. R41. Security of guarantee society, etc. R42. L.N. 231/84.
Baseline (Original)
1977 Ed.] Bankruptcy Rules [CAP. 6 All [Subsidiary] Preparation of order Forms 70, 78, 80, 85 to 92. 12. If within 1 week from the making of an order of adjudica- Preparation of order. tion, an order annulling adjudication or rescinding a receiving R37. order, an order on application to approve a composition or scheme, an order annulling a composition or scheme, or an order on application for discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order: Provided that- (a) if in any case the judge is of opinion that the provisions of this rule ought not to apply, he may so order; and (b) where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him. Security in court 13. Except where these rules otherwise provide, where a person is required to give security such security shall be in the form of a bond with 2 sureties to the person proposed to be secured: Provided that the court may direct that one surety shall suffice. 14. The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum. 15. Where a person is required to give security, he may in lieu thereof lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his solicitor or agent, setting forth the conditions on which the money is deposited. 16. The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these rules. 17. The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of à bond or a deposit. Kor an insurance company Security by bond. R38. Form 19, Amount of bond. R39. Deposit in lieu of bond. R40. Money lodged in court. R41. Security of guarantee society, etc. R42. L.N. 231/84.
2026-05-04 07:17:32 · Baseline
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1977 Ed.]

Bankruptcy Rules

[CAP. 6

All

[Subsidiary]

Preparation of order

Forms 70, 78, 80,

85 to 92.

12. If within 1 week from the making of an order of adjudica- Preparation

of order. tion, an order annulling adjudication or rescinding a receiving

R37. order, an order on application to approve a composition or scheme, an order annulling a composition or scheme, or an order on application for discharge, such order has not been completed, it shall be the duty of the Official Receiver to prepare and complete such order:

Provided that-

(a) if in any case the judge is of opinion that the provisions of this rule ought not to apply, he may so order; and

(b) where an order of discharge is granted subject to the condition that judgment shall be entered against the bankrupt, nothing in this rule shall require the Official Receiver to prepare and complete the order until the bankrupt has given a consent to judgment being entered against him.

Security in court

13. Except where these rules otherwise provide, where a person is required to give security such security shall be in the form of a bond with 2 sureties to the person proposed to be secured:

Provided that the court may direct that one surety shall suffice.

14. The bond shall be taken in a penal sum, which shall be not less than the sum for which security is to be given, and probable costs, unless the opposite party consents to it being taken for a less sum.

15. Where a person is required to give security, he may in lieu thereof lodge in court a sum equal to the sum in question in respect of which security is to be given and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his solicitor or agent, setting forth the conditions on which the money is deposited.

16. The rules for the time being in force in the court relating to payment into and out of court of money lodged in court by way of security for costs shall apply to money lodged in court under these rules.

17. The security of a guarantee association or society approved by the court or the opposite party may be given in lieu of à bond or a deposit.

Kor

an insurance company

Security by bond.

R38. Form 19,

Amount of bond.

R39.

Deposit in lieu of bond.

R40.

Money lodged in court.

R41.

Security of

guarantee society, etc. R42.

L.N. 231/84.

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