Cap. 6A 《破產規則》Bankruptcy Rules

Every proceeding in court under the Ordinance shall be dated, and shall be intituled “In Bankruptcy” and with the name of the matter to which it relates. Numbers and dates may be denoted by figures. (E.R. 4 of 2020)

(Repealed L.N. 77 of 1998)

The first proceeding in every matter shall have a distinctive number assigned to it by the Registrar and all subsequent proceedings in the same matter shall bear the same number. (L.N. 77 of 1998)

Whenever the Gazette contains any advertisement relating to any matter under the Ordinance, the person specified in subrule (3) shall, in respect of the bankruptcy proceedings concerned, file a copy of the advertisement with the court.

In the case of an advertisement in a local newspaper, the person specified in subrule (3) shall in like manner file a copy of the advertisement appearing therein.

In the case of an advertisement in a medium other than the Gazette or a local newspaper, the person specified in subrule (3) must file a memorandum referring to, and giving the date of, the advertisement with the court. (22 of 2023 s. 34)

If the advertisement was published— (22 of 2023 s. 34)

The filed copy of an advertisement mentioned in subrule (1) or (2) is prima facie evidence that it was duly published in the issue of the Gazette or newspaper mentioned. (22 of 2023 s. 34)

The filed copy of a memorandum referring to an advertisement mentioned in subrule (2A) is prima facie evidence that the advertisement was duly published in the medium mentioned in it. (22 of 2023 s. 34)

If within 1 week from the making of—

the order has not been completed, it shall be the duty of the trustee to prepare and complete the order. (L.N. 123 of 2007)

If an order made under section 20J of the Ordinance has not been completed within 1 week from the making of the order, the nominee shall prepare and complete the order. (L.N. 123 of 2007)

If in any case the judge is of the opinion that the provisions of this rule ought not to apply, he may so order.

A shorthand writer (if any) attached to the Official Receiver’s office shall be deemed to be duly appointed under subrule (1), and it shall not be necessary to make any application to make such an appointment, and a general declaration by such shorthand writer adapted from Form 56 shall be deemed to apply to all proceedings in which notes are taken by him of any such evidence. (L.N. 150 of 2014)

Any document purporting—

shall until the contrary is proved be sufficient evidence that the questions and answers therein set forth were so put and answered respectively.

Every person appointed to be a shorthand writer under this rule shall be paid a sum not exceeding $2,000 or as the court directs for each hour or part thereof during which he is engaged in such appointment or in the preparation of any transcript of the evidence that may be required. (L.N. 143 of 1985; L.N. 77 of 1998)

The fees of a shorthand writer shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the court.

If the person appointed to be the shorthand writer under this rule is a public servant the fees payable under subrule (4) shall be paid forthwith by the person responsible for such fees to the Official Receiver for payment into the general revenue. (L.N. 231 of 1984; L.N. 150 of 2014)

When a person is apprehended under a warrant issued under section 29(2) of the Ordinance, the officer apprehending him shall forthwith bring him before the court to the end that he may be examined, and if he cannot immediately be brought up for examination or examined the officer shall deliver him into the custody of the Commissioner of Correctional Services and the said Commissioner shall receive him into custody and shall produce him before the court as it may from time to time direct or order, and subject to such direction or order shall safely keep him. (L.N. 231 of 1984)

The officer executing a warrant issued under section 29(2) of the Ordinance shall forthwith, after apprehending the person named in the warrant report to the court the apprehension or delivery into custody, as the case may be, and apply to the court to appoint a day and time for the examination of the person so apprehended, and the court shall thereupon appoint the earliest practicable day for the examination and shall issue its direction or order to the said Commissioner to produce him for examination at a place and time to be mentioned in such direction or order. Notice of any such appointment shall forthwith be given by the Registrar to the Official Receiver, trustee or other person who has applied for the examination or warrant. (G.N.A. 124 of 1955)

When awarding costs the court may—

Unless the court otherwise directs, the costs of an application to the court which is opposed shall follow the event and shall be taxed as between party and party.

Where—

the Official Receiver or trustee shall not be personally liable for costs unless the court otherwise directs.

The bill or charges shall be lodged with—

The provisional trustee or trustee, as the case may be, shall lodge the bill or charges with the taxing officer.

Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.

Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the creditors’ committee of the estate out of which the payment is intended to be made, or if such committee withhold or refuse their consent, without an order of the court. (G.N.A. 124 of 1955; L.N. 77 of 1998)

A statutory demand under section 6A of the Ordinance must be dated, and be signed either by the creditor himself or by a person stating himself to be authorized to make the demand on the creditor’s behalf.

The statutory demand must specify whether it is made under section 6A(1) or (2) of the Ordinance.

The statutory demand must state the amount of the debt, and the consideration for it (or, if there is no consideration, the way in which it arises) and—

If the amount claimed in the statutory demand includes—

the amount or rate of the charge must be separately identified, the grounds on which payment of it is claimed must be stated, and in either case the amount claimed must be limited to that which has accrued due at the date of the demand.

If the creditor holds any security in respect of the debt, the full amount of the debt shall be specified, but—

The statutory demand must include an explanation to the debtor of the following matters—

The statutory demand must—

Rule 49 has effect as regards service of the statutory demand, and proof of that service by affidavit to be filed with a bankruptcy petition.

The creditor shall do all that is reasonable for the purpose of bringing the statutory demand to the debtor’s attention and, if practicable in the particular circumstances, to cause personal service of the demand to be effected.

Where the statutory demand is for payment of a sum due under a judgment or order of any court and the creditor knows, or believes with reasonable cause—

the demand may be advertised in one or more newspapers; and the time limited for compliance with the demand runs from the date of the advertisement’s appearance or (as the case may be) its first appearance.

The debtor may, within the period allowed by this rule, apply to the court for an order setting the statutory demand aside.

The period referred to in subrule (1) is 18 days from the date of the service on him of the statutory demand or, where the demand is advertised in a newspaper pursuant to rule 46, from the date of the advertisement’s appearance or (as the case may be) its first appearance. (L.N. 150 of 2014)

Starting with the date on which the application is filed in court, the time limited for compliance with the statutory demand ceases to run, subject to any order of the court under rule 48(7).

The debtor’s application shall be supported by an affidavit—

and the affidavit shall have exhibited to it a copy of the statutory demand.

On receipt of an application under rule 47, the court may, if satisfied that no sufficient cause is shown for it, dismiss it without giving notice to the creditor.

Starting with the date on which the application is dismissed, the time limited for compliance with the statutory demand runs again.

If the application is not dismissed under subrule (1), the court shall fix the date, time and place for it to be heard, and shall give at least 7 days’ notice thereof to— (L.N. 150 of 2014)

On the hearing of the application, the court shall consider the evidence then available to it, and may either summarily determine the application or adjourn it, giving such directions as it thinks appropriate.

The court may grant the application if—

Where the creditor holds some security in respect of his debt, and rule 44(5) is complied with in respect of it but the court is satisfied that the security is under-valued in the statutory demand, the creditor may be required to amend the demand accordingly (but without prejudice to his right to present a bankruptcy petition by reference to the original demand).

If the court dismisses the application, it shall make an order authorizing the creditor to present a bankruptcy petition either forthwith, or on or after a date specified in the order.

A copy of the order shall be sent by the applicant forthwith to the creditor.

Where under section 6A of the Ordinance the petition must have been preceded by a statutory demand, there must be filed in court, with the petition, an affidavit proving service of the demand.

Every affidavit must have exhibited to it a copy of the demand as served.

Subject to subrule (4), if the statutory demand has been served personally on the debtor, the affidavit must be made by the person who effected that service. (L.N. 150 of 2014)

If service of the statutory demand (however effected) has been acknowledged in writing either by the debtor himself, or by some person stating himself in the acknowledgment to be authorized to accept service on the debtor’s behalf, the affidavit must be made either by the creditor or by a person acting on his behalf, and the acknowledgment of service must be exhibited to the affidavit.

If neither subrule (3) nor (4) applies, the affidavit must be made by a person having direct personal knowledge of the means adopted for serving the statutory demand, and must— (L.N. 150 of 2014)

The steps of which particulars are given for the purposes of subrule (5)(a) must be such as would have sufficed to justify an order for substituted service of a petition. (L.N. 150 of 2014)

If the affidavit specifies a date for the purposes of compliance with subrule (5)(c), then unless the court otherwise orders, that date is deemed for the purposes of these rules to have been the date on which the statutory demand was served on the debtor. (L.N. 150 of 2014)

Where the creditor has taken advantage of rule 46(3), the affidavit must be made either by the creditor himself or by a person having direct personal knowledge of the circumstances; and there must be specified in the affidavit—

and there shall be exhibited to the affidavit a copy of any advertisement of the demand.

The court may decline to file the petition if not satisfied that the creditor has discharged the obligation imposed on him by rule 46(2).

Where a petition is presented by a debtor, he shall, besides inserting therein his name, description, Hong Kong Identity Card number or passport number and his address at the date when the petition is presented, further describe himself as lately residing or carrying on business at the address or several addresses, as the case may be, at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. (L.N. 77 of 1998)

Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented, the petitioning creditor, in addition to stating in the petition the description of the debtor as of his then present address and description, shall in the petition describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred.

A petitioner who is not the debtor shall state the debtor’s Hong Kong Identity Card number or passport number in the petition unless he does not have such information and cannot reasonably obtain it. (L.N. 77 of 1998)

Upon the presentation of a petition, the petitioner shall pay to the Official Receiver a deposit of—

No petition shall be received unless the receipt of the Official Receiver for the deposit payable under subrule (1) is produced to the Registrar. (L.N. 150 of 2014)

After presenting a petition, the petitioner shall deposit with the Official Receiver such further sum as the court may, on the application of the Official Receiver, from time to time direct.

The deposit and any further deposit paid shall be applied to cover the fees, charges and percentages prescribed in the Bankruptcy (Fees and Percentages) Order (Cap. 6 sub. leg. C) and payable to the Official Receiver, and costs, charges and expenses incurred or authorized by the Official Receiver, whether acting as trustee or otherwise, including the costs of any person properly employed by him.

After the deposit and any further deposit have been so applied, the Official Receiver shall—

The trustee shall account for any unexpended balance of the deposit and further deposit paid to him under subrule (5)(a)(ii) or (b)— (L.N. 150 of 2014)

For the purposes of subrule (6)(b), the trustee shall— (L.N. 150 of 2014)

Unless the applicant is also the nominee, where an application is made for an interim order under section 20A of the Ordinance, the applicant or some other person on his behalf shall, at the time of making the application, deposit with the nominee the sum of $12,150, and such further sum (if any) as the applicant and nominee may agree to or as the court may from time to time direct, to cover the fees, expenses and remuneration to be incurred by the nominee in connection with the work done by him in respect of the voluntary arrangement.

This rule applies whether or not the voluntary arrangement is approved by the creditors.

Service of a creditor’s petition shall be effected by the creditor or his solicitor, or a person in their employment, delivering a sealed copy of the petition to the debtor.

If the court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is evading service of the petition or any other legal process, or for any other cause, it may order substituted service to be effected in such manner as it thinks fit.

Where an order under subrule (2) has been carried out, the petition shall be deemed to have been duly served on the debtor. (L.N. 150 of 2014)

It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which a bankruptcy order is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith.

It shall not be necessary for the Registrar to make an appointment to settle an order unless in any particular case the special circumstances make an appointment necessary.

A bankruptcy order, or an order for the appointment of an interim trustee shall contain at the foot thereof a notice stating that it will be the duty of the petitioner or the debtor to attend on the interim trustee, provisional trustee or trustee, as the case may be, at such time and place as he may appoint and to give him all information he may require. (L.N. 123 of 2007)

Subject to subrules (2), (3) and (4), the costs of all proceedings under the Ordinance down to and including the making of the bankruptcy order shall be borne by the party prosecuting the same. (L.N. 150 of 2014)

The court may at any time order that the debtor shall pay the whole or any part of the costs.

Where a bankruptcy order is made on the petition of the debtor while a creditor’s petition against him is pending, the court may order that the costs shall be paid out of the estate.

Where a bankruptcy order is made on a creditor’s petition, the costs of the petitioning creditor shall be taxed and paid out of the estate.

An application to the court to annul a bankruptcy order or to stay proceedings thereunder, made by any person other than the Official Receiver or trustee shall not be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver or trustee, as the case may be. Notice of any such application shall be served on the Official Receiver or trustee, as the case may be, not less than 7 days before the day named in the notice for hearing the application. Pending the hearing of the application, the court may make an interim order staying such of the proceedings as it thinks fit.

Before an application referred to in subrule (1) is heard by the court, the applicant shall, if he considers that notice of annulment should be advertised or gazetted under section 33(5) of the Ordinance in the event the application is successful, deposit with the Official Receiver or trustee the costs thereof, as estimated by the Official Receiver or trustee. (L.N. 77 of 1998; L.N. 150 of 2014)

In any case in which any such application is made by the Official Receiver or trustee, 4 days’ notice thereof and a copy of any report in support thereof shall be served on the bankrupt and the petitioning creditor (if any) and the trustee where he is not the applicant: Provided that where such service is found to be impracticable by reason that the bankrupt or the petitioning creditor is out of Hong Kong or cannot be found at his usual or last known address or place of business no objection shall be taken to the application on the ground of such service not having been effected.

Where an application is made to the court under section 33(1)(b) of the Ordinance to annul a bankruptcy order, the trustee shall and the Official Receiver (where he is not the trustee) may make and file 4 days before the day appointed for hearing the application a report as to the bankrupt’s conduct and affairs, including a report as to his conduct during the proceedings, and the court on the hearing of the application shall hear and consider such report and such further evidence as may be adduced by any party, and any objections which may be made by the Official Receiver, or by or on behalf of the trustee (if any) or any creditor whom the court may order to be served with notice of the application or may permit to appear thereon. For the purposes of the application, any report made by the Official Receiver under this subrule shall be prima facie evidence of the statements therein contained. (L.N. 150 of 2014)

Where an order is made annulling a bankruptcy order, the trustee shall, on application by the former bankrupt, issue to him a certificate confirming such annulment. (L.N. 77 of 1998)

An application by the Official Receiver or trustee under section 19 of the Ordinance for the public examination of a bankrupt shall be made inter partes and the evidence in support of the application may be in the form of a report to the court setting out the reasons why such an examination is needed. (L.N. 123 of 2007)

A report to the court under subrule (1) shall be confidential but the court may, on application, allow the bankrupt to see all or part of the report provided the bankrupt satisfies the court that it would be unfair to him not to allow him to see it. (L.N. 150 of 2014)

Where a creditor intends to question a bankrupt, he shall, not less than 7 days before the date of the examination, provide the Official Receiver or trustee, as the case may be, with a list of the topics on which he intends to put such questions.

A record signed by the bankrupt under section 19 of the Ordinance shall be open to the inspection of any creditor at all reasonable times upon payment of the prescribed fee.

A bankrupt in respect of whom the court has made an order under section 19 of the Ordinance shall, unless the court otherwise orders, attend— (L.N. 123 of 2007)

The notice shall also require the bankrupt to bring with him a list of his creditors, particulars of his assets and any books of account and other documents relevant to an investigation of his affairs not already delivered to the Official Receiver or trustee, as the case may be.

At the conclusion of the preliminary examination of the bankrupt the examiner shall prepare notes of such parts of the information given by the bankrupt as he considers necessary or desirable to place on record.

A copy of such notes shall be served by the Official Receiver or trustee, as the case may be, on the bankrupt sufficiently before his public examination to enable him to be advised thereon, if he so wishes.

The bankrupt may adopt the notes of his preliminary examination under this rule as or as part of his evidence at his public examination, and, when so adopted, they shall be read out by the Official Receiver or trustee, as the case may be, signed by the bankrupt and filed as the notes or part of the notes of his public examination.

Where an application is made under section 29 of the Ordinance, the application shall be in writing and shall sufficiently identify the person in respect of whom the application is made and shall state whether the person is—

or for any 2 or more of those purposes.

The application shall be made inter partes unless the applicant satisfies the court that the respondent or others may take actions which would prejudicially affect the estate. An application for an order to submit an affidavit shall also be made inter partes unless the applicant satisfies the court that it would likely prejudice the interests of the estate if it were so made.

Where the application is for an order to submit an affidavit and the person appeals against the order, he need not continue with the preparation of the affidavit before the hearing of the appeal unless the Court of First Instance, on application, so orders.

The evidence in support of an application under this rule may be in the form of a report to the court setting out the reasons why an order is needed.

The court may, on application, allow the person in respect of whom the order is made to see all or part of the report provided he satisfies the court that it would be unfair to him not to allow him to see it.

Where the application is for an order to appear before the court, the person in respect of whom the order is made may, but not at the expense of the estate unless the court otherwise orders, employ a solicitor with or without counsel, who may put to him such questions as the court may allow for the purpose of enabling him to explain or qualify any answer given by him, and may make representations on his behalf.

Where—

the court may order that the costs of the proceedings be paid by that person.

Where a person in respect of whom an order has been made under section 29 of the Ordinance co-operates fully with the Official Receiver or trustee in providing the necessary information, the court may order that that person be paid, out of the bankrupt’s estate, the reasonable costs incurred by him in providing such information.

The following applies where the trustee or one of the bankrupt’s creditors applies to the court for an order under section 30A(3) of the Ordinance.

Where the application is made by—

setting out the reasons why it appears to him that such an order should be made.

The court shall fix the date, time and place for the hearing of the application, and give notice of it to the trustee and the bankrupt and, where the applicant is a creditor, to the applicant.

Copies of the applicant’s report or affidavit under this rule shall be sent by him to the bankrupt, and where the applicant is a creditor, to the trustee, so as to reach them at least 21 days before the date fixed for the hearing.

The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the applicant’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send copies of it, not less than 4 days before the date of the hearing, to the applicant and, where the applicant is not the trustee, to the trustee.

If on hearing the court makes an order suspending the bankrupt’s discharge, copies of the order shall be sent by the applicant to the bankrupt and, where the applicant is not the trustee, to the trustee.

Where the court has made an order under section 30A(3) of the Ordinance that the relevant period shall cease to run, the bankrupt may apply to the court for the order to be discharged. (1 of 2016 s. 9)

The court shall fix the date, time and place for the hearing of the application; and the bankrupt shall, not less than 28 days before the date fixed for the hearing, give notice of the venue to the trustee, accompanied in each case by a copy of the application.

The trustee may appear and be heard on the bankrupt’s application; and, whether or not he appears, where the trustee—

setting out any matters which he considers ought to be drawn to the court’s attention.

If a report or affidavit is filed under subrule (3), copies of it shall be sent by the trustee to the bankrupt, not later than 14 days before the hearing. (L.N. 150 of 2014)

The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send copies of it, not less than 4 days before the date of the hearing, to the trustee.

If on the bankrupt’s application the court discharges the order under section 30A(3) of the Ordinance (being satisfied that the relevant period should begin to run again), it shall issue to the bankrupt a certificate that it has done so, with effect from a specified date.

On an application for a non-commencement order against a bankrupt—

The matters are that—

The court must—

The trustee must send a copy of the report or affidavit to the bankrupt so as to reach the bankrupt at least 21 days before the date fixed for the hearing.

The bankrupt may, not less than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that the bankrupt intends to deny or dispute.

The bankrupt must, not less than 4 days before the date of the hearing, send a copy of the notice under subrule (5) to the trustee.

If the court makes a non-commencement order against the bankrupt, the trustee must, within 14 days after the date of the order, send a copy of the order to—

If the bankrupt applies under section 30B of the Ordinance for an order discharging him from bankruptcy, he shall give to the trustee notice of the application, and deposit with him such sum as the latter may require to cover his costs and expenses of the application.

The court, if satisfied that subrule (1) has been complied with, shall fix the date, time and place for the hearing of the application, and give at least 42 days’ notice of it to the trustee and the bankrupt. (L.N. 150 of 2014)

The trustee shall give notice accordingly to every creditor who, to the trustee’s knowledge, has a claim outstanding against the estate which has not been satisfied.

Notices under subrule (3) shall be given not later than 14 days before the date fixed for the hearing of the bankrupt’s application. (L.N. 150 of 2014)

Where the bankrupt makes an application under section 30B of the Ordinance, the trustee shall, at least 21 days before the date fixed for the hearing of the application, file in court, where the trustee—

containing the following information with respect to the bankrupt—

and the trustee shall include in his report or affidavit any other matters which in his opinion ought to be brought to the court’s attention.

The trustee shall send a copy of the report or affidavit to the bankrupt so as to reach him at least 14 days before the date of the hearing of the application under section 30B of the Ordinance.

The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send a copy of it, not less than 4 days before the date of the hearing, to the trustee.

The trustee and any creditor may appear on the hearing of the bankrupt’s application, and may make representations and put to the bankrupt such questions as the court may allow.

Where it appears to the court that a bankrupt is discharged, whether by expiration of time or otherwise, the court shall, on his application, issue to him a certificate of his discharge, and the date from which it is effective.

The discharged bankrupt may require the trustee to give notice of the discharge by the specified means. (22 of 2023 s. 38)

Any requirement by the discharged bankrupt under subrule (2) shall be addressed to the trustee in writing and the trustee shall notify him forthwith as to the costs of the advertisement and is under no obligation to advertise until that sum has been paid. (L.N. 150 of 2014)

Where the discharged bankrupt has died, the references to him in subrules (2) and (3) are to be construed as referring to his personal representative. (L.N. 150 of 2014)

A discharge under section 30A, 30B or 30C of the Ordinance does not release the bankrupt from any obligation arising under a confiscation order made under section 3 of the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405).

The trustee may at any time summon a meeting of creditors, and shall do so whenever so directed by the court. (L.N. 123 of 2007)

Where the court directs a general meeting of creditors to be summoned under this rule, it shall be summoned as the court directs.

(Repealed L.N. 123 of 2007)

The trustee shall, not less than 7 days before such meeting, send a copy of the order to each creditor at the address given in his proof, or when he has not proved, the address given in the list of creditors by the debtor, or such other address as may be known to the trustee. (L.N. 123 of 2007)

Meetings subsequent to the meeting held for the purpose of appointing a trustee shall be summoned by sending notice of the date, time and place thereof to each creditor at the address given in his proof, or if he has not proved, at the address given in the bankrupt’s statement of affairs, or at such other address as may be known to the person summoning the meeting. (L.N. 123 of 2007)

Where no special time is prescribed for the subsequent meeting, the notice shall be sent off not less than 3 days before the day appointed for the meeting. (L.N. 123 of 2007)

For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof the particulars of his security, the date when it was given and the value at which he assesses it, and shall be entitled to vote only in respect of the balance (if any) due to him after deducting the value of his security.

If he votes in respect of his whole debt he shall be deemed to have surrendered his security unless the court on application is satisfied that the omission to value the security has arisen from inadvertence.

The chairman of a meeting shall have power to admit or reject a proof for the purpose of voting but his decision shall be subject to appeal to the court.

If the chairman is in doubt whether the proof of a creditor should be admitted or rejected he shall make a note of it and shall allow the creditor to vote, subject to the vote being subsequently declared invalid in the event of the objection being sustained.

A proxy may not be used unless it is deposited with the trustee 24 hours before the meeting at which it is to be used.

A proxy required to be deposited in accordance with these rules shall be deemed to have been so deposited if such proxy is sent by facsimile transmission or electronic means to, and received by, the trustee within the time provided in subrule (1). (L.N. 150 of 2014; 22 of 2023 s. 83)

For the purposes of subrule (2), a proxy is sent by electronic means if it is sent in the form of an electronic record to an information system. (22 of 2023 s. 83)

In this rule—

A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts and the adjournment of the meeting, unless there is present thereat at least one creditor entitled to vote.

For the purposes of this rule, the reference to one creditor present includes a creditor represented by proxy by any person, including the chairman of the meeting.

No person acting under either a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place him or his partner or employer in a position to receive any remuneration out of the estate of the bankrupt otherwise than as a creditor ratably with the other creditors of the bankrupt.

Where any person holds special proxies to vote for the appointment of himself as trustee he may use the said proxies and vote accordingly.

A creditor shall prove his debt in the prescribed form which shall be delivered or sent to the trustee and accompanied by the prescribed fee as the case may require. (22 of 2023 s. 9)

The trustee may, if he thinks it necessary, require a claim of debt to be verified by affidavit in the prescribed form notwithstanding that a proof of debt has already been lodged.

The affidavit may be sworn before any person authorized to administer oaths or take statutory declarations.

In this rule and rules 122B to 122ZP—

Rules 122A to 122ZP apply where a debtor, with a view to an application for an interim order, makes a proposal to his creditors for a voluntary arrangement, and these rules apply whether or not the debtor is an undischarged bankrupt.

The debtor’s proposal shall provide a short explanation why, in his opinion, a voluntary arrangement is desirable, and give reasons why his creditors may be expected to concur with such an arrangement.

The following matters shall be stated, or otherwise dealt with, in the proposal—

With the agreement in writing of the nominee, the debtor’s proposal may be amended at any time up to the delivery of the former’s report to the court under section 20D of the Ordinance.

The debtor shall give to the intended nominee written notice of his proposal.

The notice, accompanied by a copy of the proposal, shall be delivered either to the intended nominee himself, or to a person authorized to take delivery of documents on his behalf.

If the intended nominee agrees to act, he shall cause a copy of the notice to be endorsed to the effect that it has been received by him on a specified date.

The copy of the notice so endorsed shall be returned by the intended nominee forthwith to the debtor at an address specified by him in the notice for that purpose.

Where (in Case 1) the debtor gives notice of his proposal to the Official Receiver and the trustee (if any), the notice must contain the name and address of the person, other than the Official Receiver, who has agreed to act as nominee.

An application to the court for an interim order shall be accompanied by an affidavit of the following matters—

A copy of the notice to the intended nominee under rule 122D, endorsed to the effect that he agrees so to act, and a copy of the debtor’s proposal given to the nominee under that rule shall be exhibited to the affidavit.

On receiving the application and affidavit, the court shall fix the date, time and place for the hearing of the application.

The applicant shall give at least 3 days’ notice of the hearing—

Any of the persons who have been given notice under rule 122E(4) may appear or be represented at the hearing of the application.

The court, in deciding whether to make an interim order on the application, shall take into account any representations made by or on behalf of any of those persons (in particular, whether an order should be made containing such provision as is referred to in section 20C(3) and (4) of the Ordinance).

If the court makes an interim order, it shall fix the date, time and place for consideration of the nominee’s report, but, subject to subrule (4), the date for that consideration shall be not later than that on which the interim order ceases to have effect under section 20C(6) of the Ordinance. (L.N. 150 of 2014)

If under section 20D(4) of the Ordinance an extension of time is granted for filing the nominee’s report, the court shall, unless there appear to be good reasons against it, correspondingly extend the period for which the interim order has effect.

Where an interim order is made, the applicant shall serve one of the copies on the nominee under the debtor’s proposal and one on the Official Receiver if he is not the nominee.

The applicant shall also forthwith give notice of the making of the order to any person who was given notice of the hearing pursuant to rule 122E(4) and was not present or represented at it.

In Case 1, if the debtor has already delivered a statement of affairs under section 10 or 18 of the Ordinance, he need not deliver a further statement unless so required by the nominee, with a view to supplementing or amplifying the former one.

In Case 2, the debtor shall, within 7 days after his proposal is delivered to the nominee, or within such longer time as the latter may allow, deliver to the nominee a statement of his (the debtor’s) affairs.

The statement of affairs shall comprise the following particulars (supplementing or amplifying, so far as is necessary for clarifying the state of the debtor’s affairs, those already given in his proposal)—

The statement of affairs shall be made up to a date not earlier than 2 weeks before the date of the notice to the nominee under rule 122D, but the nominee may allow an extension of that period to the nearest practicable date (not earlier than 2 months before the date of the notice under rule 122D) and, if he does so, he shall give his reasons in his report to the court on the debtor’s proposal.

The statement of affairs shall be certified by the debtor as correct, to the best of his knowledge and belief.

If it appears to the nominee that he cannot properly prepare his report on the basis of information in the debtor’s proposal and statement of affairs, he may call on the debtor to provide him with—

The nominee may call on the debtor to inform him whether and in what circumstances he has at any time—

For the purpose of enabling the nominee to consider the debtor’s proposal and prepare his report on it, the latter must give him access to his accounts and records.

The nominee’s report shall be delivered by him to the court not less than 3 days before the interim order ceases to have effect.

With his report the nominee shall deliver—

If the nominee makes known his opinion that a meeting of the debtor’s creditors should be summoned under section 20E of the Ordinance, his report shall have annexed to it his comments on the debtor’s proposal but, if his opinion is otherwise, he shall give his reasons for that opinion.

The court shall cause the nominee’s report to be endorsed with the date on which it is filed in court, and any creditor of the debtor is entitled, at all reasonable times on any business day, to inspect the file.

In Case 1, the nominee shall send to the trustee (if any)— (L.N. 123 of 2007)

and, in Case 2, the nominee shall send a copy of each of those documents to any person who has presented a bankruptcy petition against the debtor.

At the hearing by the court to consider the nominee’s report, any of the persons who have been given notice under rule 122E(4) may appear or be represented.

Rule 122G applies to any order made by the court at the hearing.

If in his report the nominee states that in his opinion a meeting of creditors should be summoned to consider the debtor’s proposal, the date on which the meeting is to be held shall be not less than 14 days from that on which the nominee’s report is filed in court under rule 122J, nor more than 28 days from that on which that report is considered by the court under rule 122L.

Notices calling the meeting shall be sent by the nominee, at least 14 days before the day fixed for it to be held, to all the creditors specified in the debtor’s statement of affairs, and any other creditors of whom the nominee is otherwise aware.

Each notice sent under this rule shall state the effect of rule 122R(1), (3) and (4); and with it there shall be sent—

In addition to sending notices under subrule (2), the nominee shall have the notice published in Chinese and English by the specified means. (L.N. 150 of 2014; 22 of 2023 s. 42)

A notice published under subrule (4) constitutes constructive notice to all creditors of the debtor. (22 of 2023 s. 42)

Subject as follows, in fixing the date, time and place for the creditors’ meeting, the nominee shall have regard to the convenience of creditors.

The meeting shall be summoned for commencement between 0930 and 1600 hours on a business day.

With every notice summoning the meeting there shall be sent out forms of proxy.

Subject as follows, the nominee shall be chairman of the creditors’ meeting.

If for any reason the nominee is unable to attend, he may nominate another person to act as chairman in his place; but a person so nominated must be either—

Subject as follows, every creditor who was given notice of the creditors’ meeting is entitled to vote at the meeting or any adjournment of it.

In Case 1, votes are calculated according to the amount of the creditor’s debt as at the date of the bankruptcy order unless the debts are incurred after the making of the bankruptcy order, in which case, the votes of those creditors will be calculated according to the amount of the debt as at the date of the meeting and in Case 2, votes are calculated according to the amount of the debt as at the date of the meeting.

A creditor shall not vote in respect of a debt for an unliquidated amount, or any debt whose value is not ascertained, except where the chairman agrees to put upon the debt an estimated minimum value for the purpose of entitlement to vote.

The chairman has power to admit or reject a creditor’s claim for the purpose of his entitlement to vote, and the power is exercisable with respect to the whole or any part of the claim.

The chairman’s decision on entitlement to vote is subject to appeal to the court by any creditor, or by the debtor.

If the chairman is in doubt whether a creditor’s claim should be admitted or rejected for the purpose of his entitlement to vote, he shall make a note of it and allow the creditor to vote, subject to his vote being subsequently declared invalid if the objection to the claim is sustained.

If on an appeal the chairman’s decision is reversed or varied, or a creditor’s vote is declared invalid, the court may order another meeting to be summoned, or make such other order as it thinks just, but the court’s power to make an order under this subrule is exercisable only if it considers that the matter is such as to give rise to unfair prejudice or a material irregularity. (L.N. 150 of 2014)

An application to the court by way of appeal under this rule against the chairman’s decision shall not be made after the end of the period of 28 days beginning with the day on which the nominee’s report to the court is made under section 20G of the Ordinance.

The chairman is not personally liable for any costs incurred by any person in respect of an appeal under this rule.

Subject as follows, at the creditors’ meeting for any resolution to pass approving any proposal or modification there must be a majority in excess of three-quarters in value of the creditors present in person or by proxy and voting on the resolution.

The same applies in respect of any other resolution proposed at the meeting, but substituting one-half for three-quarters.

In the following cases there is to be left out of account a creditor’s vote in respect of any claim or part of a claim—

Any resolution is invalid if those voting against it include more than half in value of the creditors, counting in these latter only those—

It is for the chairman of the meeting to decide whether under this rule—

and in relation to the second of these 2 cases the chairman is entitled to rely on the information provided by the debtor’s statement of affairs or otherwise in accordance with this rule and rules 122A to 122Q and 122S to 122ZP. (L.N. 150 of 2014)

If the chairman uses a proxy contrary to rule 122P, his vote with that proxy does not count towards any majority under this rule.

Rule 122Q(5) to (9) applies as regards an appeal against the decision of the chairman under this rule.

On the day on which the creditors’ meeting is held, it may from time to time be adjourned.

If on that day the requisite majority for the approval of the voluntary arrangement (with or without modifications) has not been obtained, the chairman may, and shall if it is so resolved, adjourn the meeting for not more than 14 days.

If there are subsequently further adjournments, the final adjournment shall not be to a day later than 14 days after that on which the meeting was originally held.

If the meeting is adjourned under subrule (2), notice of the fact shall be given by the nominee forthwith to the court. (L.N. 150 of 2014)

If, following any final adjournment of the meeting the proposal (with or without modifications) is not agreed to, it is deemed rejected.

If the voluntary arrangement is approved (with or without modifications), a resolution may be taken by the creditors, where 2 or more persons are appointed to act as nominee, on the question whether acts to be done in connection with the arrangement may be done by any one of them, or must be done by both or all of them.

If at the creditors’ meeting a voluntary arrangement is approved and a creditor wishes to move a resolution to replace the nominee with another person he must, at or before the meeting, produce to the chairman that person’s—

Forthwith after the approval of the voluntary arrangement, the debtor in Case 2, and the trustee in Case 1, shall do all that is required for putting the nominee into possession of the assets included in the arrangement. (L.N. 123 of 2007)

On taking possession of the assets in Case 1, the nominee shall discharge any balance due to the Official Receiver and (if other) the trustee by way of remuneration or on account of—

Alternatively in Case 1, the nominee must, before taking possession, give the Official Receiver or the trustee a written undertaking to discharge any such balance out of the first realization of assets.

The Official Receiver and (if other) the trustee has in Case 1 a charge on the assets included in the voluntary arrangement in respect of any sums due as above until they have been discharged, subject only to the deduction from realizations by the nominee of the proper costs and expenses of realization.

Any sums due to the Official Receiver take priority over those due to a trustee.

The nominee shall from time to time out of the realization of assets discharge all guarantees properly given by the Official Receiver or the trustee for the benefit of the estate, and shall pay all their expenses.

A report of the creditors’ meeting shall be prepared by the chairman of the meeting.

The report shall—

A copy of the chairman’s report shall, within 7 days of the meeting being held, be filed in court; and the court shall cause that copy to be endorsed with the date of filing.

The persons to whom notice of the result is to be given, under section 20G(1) of the Ordinance, are all those who were sent notice of the meeting under these rules and, in Case 1, the trustee. (L.N. 123 of 2007)

The notice shall be sent immediately after a copy of the chairman’s report is filed in court under subrule (3). (L.N. 150 of 2014)

The Official Receiver shall maintain a register of individual voluntary arrangements, and shall enter in it all such matters as are reported to him in pursuance of rules 122X, 122Y and 122ZC.

The register shall be open to public inspection.

Immediately after the chairman of the creditors’ meeting has filed in court a report that the meeting has approved the voluntary arrangement, he shall report to the Official Receiver the following details of the arrangement—

A person who is appointed to act as nominee of an individual voluntary arrangement (whether in the first instance or by way of replacement of another person previously appointed) shall forthwith give written notice to the Official Receiver of his appointment, and if he vacates office as nominee, he shall forthwith give written notice of that fact also to the Official Receiver.

This rule applies where the court makes an order of revocation or suspension under section 20J of the Ordinance.

The person who applied for the order shall serve sealed copies of it—

If the order includes a direction by the court under section 20J(4)(b) of the Ordinance for any further creditors’ meeting to be summoned, notice shall also be given (by the person who applied for the order) to whoever is, in accordance with the direction, required to summon the meeting.

The debtor (in Case 2) and the trustee (in Case 1) shall— (L.N. 123 of 2007)

The person on whose application the order of revocation or suspension was made shall, within 7 days after the making of the order, give written notice of it to the Official Receiver.

Where the voluntary arrangement authorizes or requires the nominee—

he shall keep accounts and records of his acts and dealings in and in connection with the arrangement, including in particular records of all receipts and payments of money.

The nominee shall, not less often than once in every 12 months beginning with the date of his appointment, prepare an abstract of such receipts and payments, and send copies of it, accompanied by his comments on the progress and efficacy of the arrangement, to— (E.R. 4 of 2020)

If in any period of 12 months he has made no payments and had no receipts, he shall at the end of that period send a statement to that effect to all those who are specified in subrule (2)(a) to (c). (L.N. 150 of 2014)

An abstract prepared under subrule (2) shall relate to a period beginning with the date of the nominee’s appointment or (as the case may be) the day following the end of the last period for which an abstract was prepared under this rule; and copies of the abstract shall be sent out, as required by subrule (2), within the 2 months following the end of the period to which the abstract relates. (L.N. 150 of 2014)

If the nominee is not authorized as mentioned in subrule (1), he shall, not less often than once in every 12 months beginning with the date of his appointment, send to all those specified in subrule (2)(a) to (c) a report on the progress and efficacy of the voluntary arrangement. (L.N. 150 of 2014)

The court may, on application by the nominee, vary the dates on which the obligation to send abstracts or reports arises.

The Official Receiver may at any time during the course of the voluntary arrangement or after its completion require the nominee to produce for inspection—

The Official Receiver may require production either at the premises of the nominee or elsewhere; and it is the duty of the nominee to comply with any requirement imposed on him under this rule.

The Official Receiver may cause any accounts and records produced to him under this rule to be audited; and the nominee shall give to the Official Receiver such further information and assistance as he needs for the purposes of his audit.

Not more than 28 days after the final completion of the voluntary arrangement, the nominee shall send to all creditors of the debtor who are bound by the arrangement and whose names and addresses the nominee is aware of, and to the debtor, a notice that the arrangement has been fully implemented.

With the notice there shall be sent to each of those persons a copy of a report by the nominee summarizing all receipts and payments made by him in pursuance of the arrangement, and explaining any difference in the actual implementation of it as compared with the proposal as approved by the creditors’ meeting.

The nominee shall, within the 28 days, send to the Official Receiver and to the court a copy of the notice under subrule (1), together with a copy of the report under subrule (2). (L.N. 150 of 2014)

The court may, on application by the nominee, extend the period of 28 days under subrules (1) and (3). (L.N. 150 of 2014)

The debtor commits an offence if he makes any false representation or commits any other fraud for the purpose of obtaining the approval of his creditors to a proposal for a voluntary arrangement.

A person guilty of an offence under this rule is liable to a fine at level 2 and to imprisonment for 6 months.

The creditors’ committee shall consist of at least 2, and not more than 5, members.

All the members of the committee must be creditors of the bankrupt; and any creditor (other than one who is fully secured) may be a member, so long as—

A body corporate may be a member of the committee, but it cannot act as such otherwise than by a representative appointed under rule 122ZJ.

Subject as follows, it is the duty of the trustee to report to the members of the creditors’ committee all such matters as appear to him to be, or as they have indicated to him as being, of concern to them with respect to the bankruptcy.

In the case of matters so indicated to him by the committee, the trustee need not comply with any request for information where it appears to him that—

Subject as follows, meetings of the creditors’ committee shall be held when and where determined by the trustee.

The trustee shall call a first meeting of the committee to take place within 3 months of his appointment or of the committee’s establishment (whichever is the later); and thereafter he shall call a meeting—

The trustee shall give 7 days’ notice in writing of the date, time and place of any meeting to every member of the committee (or his representative, if designated for that purpose), unless in any case the requirement of the notice has been waived by or on behalf of any member, and such waiver may be signified either at or before the meeting.

The chairman at any meeting of the creditors’ committee shall be the trustee, or a person appointed by him in writing to act.

A person so appointed must be a person who is experienced in insolvency matters.

A member of the creditors’ committee may, in relation to the business of the committee, be represented by another person duly authorized by him for that purpose.

A person acting as a committee-member’s representative must hold a letter of authority entitling him so to act (either generally or specially) and signed by or on behalf of the committee-member, and for this purpose any proxy in relation to any meeting of creditors of the bankrupt shall, unless it contains a statement to the contrary, be treated as such a letter of authority to act generally signed by or on behalf of the committee-member.

The chairman at any meeting of the committee may call on a person claiming to act as a committee-member’s representative to produce his letter of authority, and may exclude him if it appears that his authority is deficient.

No member may be represented by a body corporate or by a person who is an undischarged bankrupt or is subject to a voluntary arrangement with his creditors.

No person shall—

Where the representative of a committee-member signs any document on the latter’s behalf, the fact that he so signs must be stated below his signature.

The acts of the committee are valid notwithstanding any defect in the appointment or qualifications of any committee-member’s representative.

A person’s membership of the creditors’ committee is automatically terminated if—

Where the cause of termination is the member’s bankruptcy, his trustee in bankruptcy replaces him as a member of the committee.

The following applies if there is a vacancy in the membership of the creditors’ committee.

The vacancy need not be filled if the trustee and a majority of the remaining committee-members so agree, provided that the number of members does not fall below the minimum required by rule 122ZE(1).

The trustee may appoint any creditor (being qualified under these rules to be a member of the committee) to fill the vacancy, if a majority of the other members of the committee agree to the appointment and the creditor concerned consents to act, or, alternatively, a meeting of creditors may resolve that a creditor be appointed (with his consent) to fill the vacancy, but in this case at least 14 days’ notice must have been given of a resolution to make such an appointment (whether or not of a person named in the notice).

At any meeting of the creditors’ committee, each member (whether present himself, or by his representative) has one vote; and a resolution is passed when a majority of the members present or represented have voted in favour of it.

Every resolution passed shall be recorded in writing, either separately or as part of the minutes of the meeting, and the record shall be signed by the chairman and kept with the records of the bankruptcy.

In accordance with this rule, the trustee may seek to obtain the agreement of members of the creditors’ committee to a resolution by sending to every member (or his representative designated for the purpose) a copy of the proposed resolution.

Where the trustee makes use of the procedure allowed by this rule, he shall send out to members of the committee or their representatives (as the case may be) a copy of any proposed resolution on which a decision is sought, which shall be set out in such a way that agreement with or dissent from each separate resolution may be indicated by the recipient on the copy so sent.

Any member of the committee may, within 7 business days from the date of the trustee sending out a resolution, require the trustee to summon a meeting of the committee to consider the matters raised by the resolution.

In the absence of such a request, the resolution is deemed to have been carried in the committee if and when the trustee is notified in writing by a majority of the members that they concur with it.

A copy of every resolution passed under this rule, and a note that the concurrence of the committee was obtained, shall be kept with the records of the bankruptcy.

Not more than 4 months before declaring a dividend, the trustee must publish by the specified means notice of his intention to do so and at the same time give notice to such of the creditors mentioned in the bankrupt’s statement of affairs as have not proved their debts. Such notice shall specify the latest date up to which proofs must be lodged, which shall be not less than 14 days from the date of such notice.

Where any creditor, after the date mentioned in the notice of intention to declare a dividend as the latest date upon which proofs may be lodged, appeals against the decision of the trustee rejecting a proof, such appeal shall be commenced, and notice thereof given to the trustee, within 7 days from the date of the notice of the decision against which the appeal is made, and the trustee shall in such case make provision for the dividend upon such proof, and the probable costs of such appeal in the event of the proof being admitted. Where no appeal has been commenced within the time specified in this rule, the trustee shall exclude all proofs which have been rejected from participation in the dividend.

Immediately after the expiration of the time fixed by this rule for appealing against the decision of the trustee, the trustee— (22 of 2023 s. 43)

If it becomes necessary, in the opinion of the trustee or the creditors’ committee, to postpone the declaration of the dividend beyond the prescribed limit of four months, the trustee must publish by the specified means a fresh notice of his intention to declare a dividend, but it shall not be necessary for such trustee to give a fresh notice to such of the creditors mentioned in the bankrupt’s statement of affairs as have not proved their debts. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice.

The Registrar shall keep a register for the purpose of section 48 of the Ordinance, and shall on request and on the filing of a duly attested copy of an assignment of existing or future book debts or any class thereof from a person engaged in any trade or business to any other person, and production of the original thereof, and deposit of a certified English or Chinese translation thereof when the original is in a language other than English or Chinese, enter particulars of such assignment in the register. The register shall contain the name, residence and occupation of the persons by whom and to 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. (G.N.A. 124 of 1955; L.N. 77 of 1998; 23 of 1998 s. 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.

The fees mentioned in the Bankruptcy (Fees and Percentages) Order (Cap. 6 sub. leg. C) and such other fees as may be prescribed shall be paid to the Registrar. (L.N. 143 of 1985)

Where the trustee applies for an income payments order under section 43E of the Ordinance, the court shall fix the date, time and place for the hearing of the application.

Notice of the application, and of the date, time and place, shall be sent by the trustee to the bankrupt at least 28 days before the day fixed for the hearing, together with a copy of the trustee’s application and a short statement of the grounds on which it is made.

The notice shall inform the bankrupt that—

Where the court makes an income payments order, a sealed copy of the order shall, forthwith after it is made, be sent by the trustee to the bankrupt.

If the order is made under section 43E(3)(b) of the Ordinance, a sealed copy of the order shall also be sent by the trustee to the person to whom the order is directed.

If an income payments order is made under section 43E(3)(a) of the Ordinance, and the bankrupt does not comply with it, the trustee may apply to the court for the order to be varied, so as to take effect under section 43E(3)(b) of the Ordinance as an order to the payer of the relevant income.

The trustee’s application under this rule shall be made inter partes.

Sealed copies of any order made on the application shall, forthwith after it is made, be sent by the applicant to the bankrupt.

In the case of an order varying or discharging an income payments order made under section 43E(3)(b) of the Ordinance, an additional sealed copy shall be sent to the trustee, for transmission forthwith to the payer of the relevant income.

Where a person receives notice of an income payments order under section 43E(3)(b) of the Ordinance, with reference to income otherwise payable by him to the bankrupt, he shall make the arrangements requisite for immediate compliance with the order.

When making any payment to the trustee, the person referred to in subrule (1) may deduct the appropriate fee towards the clerical and administrative costs of compliance with the income payments order, but he shall give to the bankrupt a written statement of any amount deducted by him under this subrule. (L.N. 150 of 2014)

Where a person receives notice of an income payments order imposing on him a requirement under section 43E(3)(b) of the Ordinance, and either—

he shall forthwith give notice of that fact to the trustee.

Where an income payments order is in force, either the trustee or the bankrupt may apply to the court for the order to be varied or discharged.

If the application is made by the trustee, rule 128 applies (with any necessary modification) as in the case of an application for an income payments order.

If the application is made by the bankrupt, it shall be accompanied by a short statement of the grounds on which it is made.

The court may, if it thinks that no sufficient cause is shown for the application, dismiss it; but it shall not do so unless the applicant has had an opportunity to attend the court for an ex parte hearing, of which he has been given at least 7 days’ notice.

If the application is not dismissed, the court shall fix the date, time and place for it to be heard.

At least 28 days before the date fixed for the hearing, the applicant shall send to the trustee or the bankrupt (whichever of them is not himself the applicant) notice of the date, time and place, accompanied by a copy of the application, and where the applicant is the bankrupt, the notice shall be accompanied by a copy of the statement of grounds under subrule (3). (L.N. 150 of 2014)

The trustee may, if he thinks fit, appear and be heard on the application; and, whether or not he intends to appear, he may, not less than 7 days before the date fixed for the hearing, file a written report of any matters which he considers ought to be drawn to the court’s attention.

If such a report is filed, a copy of it shall be sent by the trustee to the bankrupt.

Sealed copies of any order made on the application shall, forthwith after the order is made, be sent by the applicant to the trustee or the bankrupt, if the trustee or the bankrupt is not the applicant, and the payer (if other than the bankrupt).

A lease may be disclaimed without the leave of the court in any of the following cases—

Except as provided by this rule, the disclaimer of a lease without the leave of the court shall be void.

Where a trustee disclaims a lease, he shall forthwith file the disclaimer with the proceedings in the court and shall also, if the lease is registered in the Land Registry, register a memorial of such disclaimer in the Land Registry, and the disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is so filed, or, as the case may be, filed and registered, by the trustee, the disclaimer shall be inoperative. (8 of 1993 s. 30; 20 of 2002 s. 5)

Where, in pursuance of notice by the trustee of his intention to disclaim a lease, the lessor, sub-lessee, or person entitled to a mortgage or charge requires the trustee to apply to the court for leave to disclaim, the costs of the lessor, sub-lessee, or person entitled to a mortgage or charge shall not be allowed out of the estate of the bankrupt except in cases in which the court is satisfied that such application was necessary in order to do justice between the parties.

A disclaimer made without leave of the court under this rule shall not be void or otherwise affected on the ground only that the notice required by this rule has not been given to some person who claims to be interested in the demised property.

Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants, he shall, at the request of the trustee, furnish a statement of the interest so claimed by him. (L.N. 77 of 1998)

A limited partnership fund registered under the Limited Partnership Fund Ordinance (Cap. 637) (Ordinance) may present a petition in bankruptcy as creditor in the name of the fund. (E.R. 5 of 2020)

The petition must be signed by—

Where it appears to the court that any debtor or creditor or other person who may be affected by any proceeding under the Ordinance or rules is a lunatic not so found by inquisition (hereinafter called the lunatic), the court may appoint such person as it may think fit to appear for, represent or act for and in the name of the lunatic, either generally or in and for the purpose of any particular application or proceeding or the exercise of any particular rights or powers which under the Ordinance and rules the lunatic might have exercised if he had been of sound mind. The appointment may be made by the court either on an application made as hereinafter mentioned or, if the court thinks fit so to do, without any previous application.

An application to the court to make an appointment under this rule may be made by any person who has been duly appointed by the court to manage the affairs or property of or to represent the lunatic, or by any relative or friend of the lunatic who may appear to the court to be a proper person to make the application, or by the Official Receiver.

The application may be made ex parte and without notice, but in any case in which the court thinks it desirable the court may require such notice of the application as it thinks necessary to be given to the Official Receiver or trustee (if any) or to the petitioning creditor or to the person alleged to be a lunatic, or to any other person, and for that purpose may adjourn the hearing of the application.

Where the application is made by some person other than the Official Receiver, it shall be supported by an affidavit of a medical practitioner as to the physical and mental condition of the lunatic. Where the application is made by the Official Receiver, it may be supported by a report of the Official Receiver, the contents of which shall be received as prima facie evidence of the facts therein stated.

When a person has been appointed under this rule, any notice under the Ordinance and rules served on or given to such person shall have the same effect as if the notice had been served on or given to the lunatic.

The petition shall, unless the court otherwise directs, be served on each executor who has proved the will or, as the case may be, on each person who has taken out letters of administration or, if there is no personal representative in Hong Kong, on the Official Administrator. The court may also, if the court thinks fit, order the petition to be served on any other person.

Service shall be proved in the same way as in the case of an ordinary creditor’s petition, and the petition shall be heard in the like manner. (G.N.A. 124 of 1955)

Where any executor or administrator or the Official Administrator, as the case may be, intends to show cause against the petition, he shall file with the Official Receiver a notice specifying the grounds on which he intends to show cause and shall transmit by post to the petitioning creditor, or to his solicitor, a copy of the notice, in each case three days before the day on which the petition is to be heard.

When an administration order under section 112 of the Ordinance has been made, it shall be the duty of the executor or legal personal representative of the deceased debtor, or of the Official Administrator, to lodge with the Official Receiver forthwith (in duplicate) an account of the dealings with, and administration of (if any), the deceased’s estate by such executor or legal personal representative or by the Official Administrator, and such executor or legal personal representative or the Official Administrator shall also furnish forthwith in duplicate a list of the creditors and a statement of the assets and liabilities and such other particulars of the affairs of the deceased as may be required by the Official Receiver. Every account, list and statement to be made under this rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the original jurisdiction of the court. (G.N.A. 124 of 1955)

The expense of preparing, making, verifying and lodging any account, list and statement under this rule shall, after being taxed, be allowed out of the estate, upon production of the necessary allocatur.

Where the court orders that an estate shall be administered in a summary manner under section 112A of the Ordinance, the provisions of the Ordinance and these rules shall, subject to any special direction of the court, be modified in accordance with subrules (2), (3), (7) and (8). (L.N. 77 of 1998; L.N. 150 of 2014)

On the making of the order the trustee shall forthwith cause notice thereof to be published by the specified means, but there shall be no advertisement of any subsequent proceedings unless the court otherwise directs. (L.N. 123 of 2007; 22 of 2023 s. 45)

The title of every document in the proceedings subsequent to the making of the order shall contain the words “Summary Case”. (E.R. 4 of 2020)

(Repealed L.N. 77 of 1998)

Notices of meetings other than first meetings shall not be sent to creditors whose debts do not exceed $2,000. (L.N. 77 of 1998)

The fees and charges payable to any person under and within the prescribed scale may, unless the Official Receiver otherwise requires, be paid and allowed without reduction or taxation.

As soon as a bankruptcy order is made, the trustee shall provide the bankrupt with a form for the preparation of his statement of affairs.

The trustee may hold interviews with the bankrupt for the purpose of investigating the bankrupt’s affairs. (L.N. 123 of 2007)

It shall be the duty of the bankrupt to attend at such times and places as the trustee may appoint.

Where the Official Receiver is the trustee and where a debtor’s proposal is approved by a meeting summoned under section 20E of the Ordinance, the Official Receiver shall account to the nominee when the latter is not the Official Receiver. (L.N. 77 of 1998)

Where a bankruptcy order is made against a debtor and— (L.N. 123 of 2007)

The provisions of this Part of these rules as to trustees and their accounts shall not apply to the Official Receiver when acting as trustee, but he shall account in such manner as is provided by the Ordinance or as the court may from time to time direct.

Subject to subrules (2) and (3), where proceedings are taken against the Official Receiver in respect of anything done or default made by him when acting, or in the bona fide or reasonable belief that he is acting, in pursuance of the Ordinance or in execution of the powers given to the Official Receiver by the Ordinance, the costs, damages and expenses which the Official Receiver may have to pay, or to which he may be put under such proceedings, shall be paid out of the estate of the debtor and not personally. (L.N. 150 of 2014)

Where such proceedings are commenced before the appointment of a trustee or before a debtor’s proposal is approved by a meeting summoned under section 20E of the Ordinance, the Official Receiver may, before putting the trustee, or the nominee of an approved proposal, in possession of the debtor’s property, retain the whole or some part of the debtor’s estate to meet any costs, expenses or damages which he may incur in consequence of the proceedings. (L.N. 77 of 1998; L.N. 123 of 2007)

Where such proceedings are commenced after the appointment of a trustee, or after the approval of such a proposal, the Official Receiver shall forthwith give notice of such proceedings to the trustee or the nominee and as from the date of the notice the estate shall be charged with the payment of the said costs, expenses and damages. (L.N. 77 of 1998)

On his appointment, a trustee shall forthwith arrange for a notice of his appointment to be published by the specified means.

The expense of such publication is to be borne by the estate.

Where the trustee or special manager carries on the business of the debtor or bankrupt, he shall keep a distinct account of the trading and shall incorporate in the cash book the total weekly amount of the receipts and payments on such trading account.

The trading account shall from time to time, and not less than once in 3 months, be verified by affidavit and the trustee shall thereupon submit such account to the creditors’ committee (if any), or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same.

This rule applies to—

Subject as follows, a person to whom this rule applies shall not enter into any transaction whereby he—

Such a transaction may be entered into by a person to whom this rule applies—

Where in the committee a resolution is proposed that sanction be accorded for a transaction to be entered into which, without the sanction or the leave of the court, would be in contravention of this rule, no member of the committee, and no representative of a member, shall vote if he is to participate directly or indirectly in the transaction.

The court may, on application of any person interested—

In the case of a person to whom this rule applies as an associate of a member of the committee or of a committee-member’s representative, the court shall not make any order under subrule (5), if satisfied that he entered into the relevant transaction without having any reason to suppose that in doing so he would contravene this rule. (L.N. 150 of 2014)

The costs of an application to the court for leave under this rule do not fall on the estate, unless the court so orders.

Where a bankruptcy order is made against a debtor and a trustee is appointed, the provisional trustee shall forthwith put the trustee into possession of all property of the bankrupt of which the provisional trustee may be possessed; provided that such trustee has, before the estate is handed over to him by the provisional trustee, discharged any balance due to the Official Receiver and provisional trustee on account of fees, costs and charges properly incurred by them and payable under the Ordinance, and on account of all advances properly made by them in respect of the estate, together with interest on such advances at the rate of 8 per cent per annum, and has discharged or undertaken to discharge all guarantees which have been given by the Official Receiver or provisional trustee for the benefit of the estate; and the trustee shall pay all fees, costs and charges of the Official Receiver and provisional trustee which may not have been discharged by the trustee before being put into possession of the property of the bankrupt and whether incurred before or after he has been put into such possession. (L.N. 77 of 1998)

The Official Receiver and provisional trustee shall be deemed to have a lien upon the estate until such balance has been paid and such guarantees and other liabilities have been discharged.

It shall be the duty of the provisional trustee, if so requested by the trustee, to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.

Except as otherwise provided in this Ordinance, all notices required to be published by the specified means must be published by the Official Receiver or trustee, as the case may be. (L.N. 77 of 1998; 22 of 2023 s. 50)

(Repealed L.N. 123 of 2007)

This rule applies if—

The responsible person must republish by the specified means such order or matter with the necessary amendments and alterations in the prescribed form.

Subject to any order made by the court, the fee for republishing such order or matter must be paid at the expense of the estate.

In subrule (1)—

This rule applies if—

Subject to any order made by the court, notice of the order of annulment must be published by the specified means.

The fee for publishing the notice mentioned in subrule (2) must be paid—

In subrule (1)—

The trustee shall keep a book to be called the “Cash Book” in which he shall (subject to the provisions of these rules as to trading accounts) enter the receipts and payments made by him. (L.N. 123 of 2007; 22 of 2023 s. 10)

Such a book must be in the specified form. (22 of 2023 s. 10)

The creditors’ committee must audit the cash book not less than once every 6 months.

When the cash book has been audited, the creditors’ committee must issue a certificate in the prescribed form certifying that the cash book has been audited by the committee.

(Repealed L.N. 123 of 2007)

The account provided by a trustee for the purposes of section 93 of the Ordinance must be certified as correct by the trustee. (22 of 2023 s. 12)