Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.17A

Summoning of meeting to appoint first trustee

(1)
Where a bankruptcy order has been made and no order for the summary administration of the bankrupt’s estate has been made, it is the duty of the provisional trustee, as soon as practicable in the period of 12 weeks beginning with the day on which the order was made, to decide whether to summon a general meeting of the bankrupt’s creditors for the purpose of appointing a trustee under
section 17
.
(2)
This section does not apply where a criminal bankruptcy order was made and it is subject to the provision made in
section 17B(3)
.
(3)
Subject to
section 17B
, if the provisional trustee decides not to summon such a meeting, he shall, before the end of the period of 12 weeks referred to in subsection (1), give notice of his decision to the court and to every creditor of the bankrupt who is known to the provisional trustee or is identified in the bankrupt’s statement of affairs.
(4)
On the date of the giving to the court of a notice under subsection (3) the provisional trustee is the trustee.