Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.11

Effect of appeal against conviction

(1)
Subject to the provisions of this paragraph, the fact that an appeal is
                        pending against any conviction by virtue of which a criminal bankruptcy
                        order was made shall not preclude the taking of any proceedings by virtue of
                        this
Schedule
in consequence of the making of the
                        order.
(2)
Where a person is adjudged bankrupt in proceedings pursuant to a
                        criminal bankruptcy petition, no property shall be distributed by his
                        trustee and no order shall be made by the court under
paragraph 8
so long as an appeal is pending against his conviction of any offence by
                        virtue of which the criminal bankruptcy order was made.
(Amended
L.N. 65 of 1986
;
18 of 2005 s. 46
)
(3)
For the purposes of this paragraph an appeal against a conviction is
pending—
(a)
in any case until the expiration of the time for giving notice of
                            appeal or applying for leave to appeal under
section 83Q
of
                            the Criminal Procedure Ordinance (
Cap. 221
)
                            (disregarding any
extension of time
                            which may be granted under subsection (3) of that section);
(b)
if notice of appeal or of application for leave is given during
                            that period and during that period the appellant notifies the Official
                            Receiver thereof, until the determination of the appeal and thereafter
                            for so long as an appeal to the Court of Final Appeal is pending within
                            the meaning of
section 84B(5)
of that Ordinance.
(Amended
79 of 1995 s. 50
)
(4)
Where in consequence of an appeal a criminal bankruptcy order is
rescinded—
(a)
any bankruptcy petition based on the order shall lapse and any
                            adjudication of bankruptcy made in consequence thereof shall cease to
                            have effect, but without prejudice to anything previously done
                                thereunder;
(Amended
76 of 1996 s. 70
)
(b)
where any such adjudication ceases to have effect, the property of
                            the person who was adjudicated bankrupt shall revert to him for all his
                            estate or interest therein; and
(c)
the court may, on his application or on the application of the
                            Official Receiver, by order give such directions, if any, as appear to
                            the said court to be necessary or desirable in consequence of the
                            provisions of sub-subparagraphs (a) and (b).
(Amended
E.R. 1 of 2019
)
(5)
Where in consequence of an appeal a criminal bankruptcy order is
                        amended by the deletion of any amount specified therein as the loss or
                        damage suffered by any person,
paragraph 3
shall not thereafter
                        apply to that loss or damage but without prejudice to anything done before
                        the amendment takes effect.