Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.14

Participation of Official Petitioner in proceedings brought by virtue of this Schedule (whether by the Official Petitioner or by a creditor)

(1)
In the case of proceedings pursuant to a criminal bankruptcy petition or
                        a criminal bankruptcy administration petition, the Official Petitioner shall
                        be
entitled—
(a)
to attend any meeting of creditors and, before the meeting,
                                to
receive any notice or other
                            document required to be sent before such a meeting to any
                            creditor;
(b)
to be a member of any creditors’ committee appointed under
section 24
;
(Amended
76 of 1996 ss. 70
& 74)
(c)
to be a party to any such proceedings before the court.
(2)
In the case of proceedings pursuant
to—
(a)
a criminal bankruptcy petition or a criminal bankruptcy
                            administration petition, the provisions of the Ordinance mentioned in
                            subparagraph (3) shall have effect as if any reference to a creditor, or
                            to a creditor who has proved or tendered a proof, included a reference
                            to the Official Petitioner; and
(b)
a criminal bankruptcy administration
                            petition, the expression
a petition under this section
(
本條所指的呈請書
) in
section
                                112(8)
shall include a reference to a petition by the Official
                            Petitioner.
(3)
The provisions referred to in subparagraph (2)
are—
(a)
section 15
(power to appoint special manager);
(b)
section 18(1)
and (5) (statement of affairs);
(Amended
76 of 1996 s. 70
)
(c)
section 19(5)
and (10) (public examination of
                                bankrupt);
(Amended
76 of 1996 ss. 70
& 72;
18 of 2005 s. 46
)
(d)
sections 20 to 20K
(interim orders and voluntary
                                arrangements);
(Replaced
76 of 1996 s. 70
)
(e)-(f)
(Repealed
76 of 1996 s. 70
)
(g)
section 86B(1
)(
d)
(report to creditors of bankrupt’s
                                proposal);
(Amended
76 of 1996 s. 72
;
18 of 2005 s. 46
)
(h)
section 83
(appeal to court against act or decision of
                                trustee).
(Amended
76 of 1996 s. 70
;
80 of 1997 s. 102
)