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rescinded—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.