588 ORDINANCE No. 5 OF 1864 .
Bankruptcy and Insolvency.
that behalf, and shall be bound to produce, on oath , or otherwise , such
books, papers and documents in his possession or power, relating to
property applicable or alleged to be applicable to the satisfaction of the
debt, as the Court shall see fit, and to sign his examination when reduced
to writing.
Court may 27. If after service of such summons or due notice thereof as afore
adjudge such
debtor bank said, the debtor shall not pay the debt and costs , or secure or compound
rupt.
for the same to the satisfaction of the creditor, the Court may, on the
appearance of the debtor, or if he shall not appear having no lawful
impediment allowed by the Court, adjudge him bankrupt, without the
presentation of a petition for adjudication or other proceeding ; and where
the debtor has not appeared , notice of such adjudication shall be served
upon him in like manner as herein provided with respect to service of the
summons .
Debtor to be 28. The debtor shall be allowed seven days from such notice or
allowed seven
days to show such further time as the Court shall think fit, for appearing to show
cause against
adjudication. cause against the adjudication , and if he appear within the time allowed,
and show sufficient cause, the adjudication may be annulled ; otherwise,
at the end of the time allowed, or on the judgment of the Court against
the sufficiency of the cause shown , the adjudication shall become absolute,
and notice thereof shall be forthwith given in the Hongkong Government
Gazette, and in such other newspapers as the Court may direct, and the
adjudication shall have relation back to the service of the summons or
the insertion of the first notice in the Hongkong Government Gazette as
the case may be.
How debtor 29. If any debtor, who shall be summoned on a judgment debtor
refusing to be
sworn to be summons, shall refuse to be sworn or shall refuse to answer any lawful
dealt with.
question put by the Court or shall not fully answer any such question to
the satisfaction of the Court, or refuse to produce such books , papers and
documents in his possession or power relating to any of the matters
under enquiry as the Court shall think fit , or shall refuse to sign his
examination when reduced into writing, the Court may by warrant
commit such debtor to such prison as the Court shall think fit , there to
remain until he shall have conformed to the order of the Court.
Debtor to be 30. Except as is herein specially provided, the debtor , personally ,
subject to
order of and all his estate and effects real and personal, shall, upon the issuing of
Court.
such judgment debtor summons, be subject to the order and direction of
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