1964_BANKRUPTCY_RULES — Page 33

HK Historical Laws 香港歷史法例 All AI Reviewed

1977 Ed.]

Bankruptcy Rules

[CAP. 6

A 33

whom the assignment was made and given, and the other particulars shown in the form prescribed under these rules, and all such assignments registered in each year shall be numbered consecutively according to the respective dates of the registration.

(2) The Registrar shall also keep an index of the names of the assignors under such assignments. Such index shall be arranged in divisions corresponding with the letters of the alphabet, so that all assignors whose surnames begin with the same letter, and no others, shall be comprised in one division but the arrangement within each such division need not be alphabetical.

(3) The fees mentioned in the Bankruptcy (Fees and Percentages) Scale and such other fees as may be prescribed shall be paid to the Registrar.

Appropriation of pay, salary, pensions, etc.

[Subsidiary]

G.N.A. 124/55.

IN143/45

(Cap. 6, sub. leg.)

Notice to bankrupt of application.

128. When a trustee intends to apply to the court for an appropriation order under section 56 of the Ordinance, he shall give to the bankrupt notice of his intention so to do. Such notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against such order being made.

129. Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary (including any bonus or commission payable to him), the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.

Disclaimer of lease

130. (1) A lease may be disclaimed without the leave of the court in any of the following cases—

(a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and—

(i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $600 per annum; or

(ii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within 7 days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court;

R272. Forms 118, 119,

Review of order.

R275.

Disclaimer of lease. R276.

Forms 123 to 130.

G.N.A. 124/55.

IN23X//i4

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1977 Ed.] Bankruptcy Rules [CAP. 6 A 33 whom the assignment was made and given, and the other particulars shown in the form prescribed under these rules, and all such assignments registered in each year shall be numbered consecutively according to the respective dates of the registration. (2) The Registrar shall also keep an index of the names of the assignors under such assignments. Such index shall be arranged in divisions corresponding with the letters of the alphabet, so that all assignors whose surnames begin with the same letter, and no others, shall be comprised in one division but the arrangement within each such division need not be alphabetical. (3) The fees mentioned in the Bankruptcy (Fees and Percentages) Scale and such other fees as may be prescribed shall be paid to the Registrar. Appropriation of pay, salary, pensions, etc. [Subsidiary] G.N.A. 124/55. IN143/45 (Cap. 6, sub. leg.) Notice to bankrupt of application. 128. When a trustee intends to apply to the court for an appropriation order under section 56 of the Ordinance, he shall give to the bankrupt notice of his intention so to do. Such notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against such order being made. 129. Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary (including any bonus or commission payable to him), the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee. Disclaimer of lease 130. (1) A lease may be disclaimed without the leave of the court in any of the following cases— (a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and— (i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than $600 per annum; or (ii) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within 7 days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court; R272. Forms 118, 119, Review of order. R275. Disclaimer of lease. R276. Forms 123 to 130. G.N.A. 124/55. IN23X//i4
Baseline (Original)
1977 Ed.] Bankruptcy Rules [CAP. 6 A 33 whom the assignment was made and given, and the other partic- ulars shown in the form prescribed under these rules, and all such assignments registered in each year shall be numbered con- secutively according to the respective dates of the registration. (2) The Registrar shall also keep an index of the names of the assignors under such assignments. Such index shall be arranged in divisions corresponding with the letters of the alphabet, so that all assignors whose surnames begin with the same letter, and no others, shall be comprised in one division but the arrangement within each such division need not be alphabetical. (3) The fees mentioned in the Bankruptcy (Fees and Per- centages) Seale and such other fees as may be prescribed shall be paid to the Registrar. de Appropriation of pay, salary, pensions, etc. [Subsidiary] G.N.A. 124/55. IN 143/45 (Cap. 6, sub. leg.) Notice to bankrupt of application. 128. When a trustee intends to apply to the court for an appropriation order under section 56 of the Ordinance, he shall give to the bankrupt notice of his intention so to do. Such notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against (Cap. 6.) such order being made. 129. Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary (including any bonus or commission payable to him), the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee. Disclaimer of lease 130. (1) A lease may be disclaimed without the leave of the court in any of the following cases- (a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and- (i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than 600 per annum; or 20,600 (i) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within 7 days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court; R272. Forms 118, 119, Review of order. R275. Disclaimer of lease. R276. Forms 123 to 130. G.N.A. 124/55. Lv 23X//i4
2026-05-04 07:20:30 · Baseline
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1977 Ed.]

Bankruptcy Rules

[CAP. 6

A 33

whom the assignment was made and given, and the other partic- ulars shown in the form prescribed under these rules, and all such assignments registered in each year shall be numbered con- secutively according to the respective dates of the registration.

(2) The Registrar shall also keep an index of the names of the assignors under such assignments. Such index shall be arranged in divisions corresponding with the letters of the alphabet, so that all assignors whose surnames begin with the same letter, and no others, shall be comprised in one division but the arrangement within each such division need not be alphabetical. (3) The fees mentioned in the Bankruptcy (Fees and Per- centages) Seale and such other fees as may be prescribed shall be paid to the Registrar.

de

Appropriation of pay, salary, pensions, etc.

[Subsidiary]

G.N.A. 124/55.

IN 143/45

(Cap. 6, sub. leg.)

Notice to bankrupt of application.

128. When a trustee intends to apply to the court for an appropriation order under section 56 of the Ordinance, he shall give to the bankrupt notice of his intention so to do. Such notice shall specify the time and place fixed for hearing the application, and shall state that the bankrupt is at liberty to show cause against (Cap. 6.) such order being made.

129. Where an order has been made for the payment by a bankrupt, or by his employer for the time being, of a portion of his income or salary (including any bonus or commission payable to him), the bankrupt may, upon his ceasing to receive a salary or income of the amount he received when the order was made, apply to the court to rescind the order or to reduce the amount ordered to be paid by him to the trustee. And in the case of any increase in the amount of such salary or income (inclusive of any bonus or commission as aforesaid) the Official Receiver or trustee may in like manner apply to the court to increase the amount ordered to be paid by the debtor to the trustee.

Disclaimer of lease

130. (1) A lease may be disclaimed without the leave of the court in any of the following cases-

(a) where the bankrupt has not sublet the demised premises or any part thereof or created a mortgage or charge upon the lease, and-

(i) the rent reserved or the value of the property leased, as ascertained by the assessment, is less than

600 per annum; or

20,600

(i) the trustee serves the lessor with notice of his intention to disclaim, and the lessor does not within 7 days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the court;

R272. Forms 118, 119,

Review of order.

R275.

Disclaimer of

lease. R276.

Forms 123 to 130.

G.N.A. 124/55.

Lv 23X//i4

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