Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.140

Trial and punishment of offences

(1)
A person guilty of an offence under this Ordinance in
respect of
which no special penalty is imposed by this Ordinance shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years.
(Amended
33 of 1939
;
G.N. 840 of 1940
Supp.
Schedule
;
22 of 1950 s. 3
;
50 of 1991 s. 4
)
(2)
Summary proceedings in respect of any such offence shall not be instituted after 1 year from the first discovery thereof either by the Official Receiver or by the trustee in the bankruptcy, or in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after 3 years from the commission of the offence.
(3)
In an indictment for an offence under this Ordinance it shall be sufficient to set forth the substance of the offence charged in the words of this Ordinance specifying the offence, or as near thereto as circumstances admit, without alleging or setting forth any debt, trading, adjudication, or any proceedings in, or order, warrant or document of, the court acting under this Ordinance.
(Amended
33 of 1939
;
G.N. 840 of 1940
Supp.
Schedule
;
76 of 1996 s. 69
)
[cf. 1914 c. 59 s. 164 U.K.; 1926 c. 7 s. 10 U.K.]