Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.27

Arrest of debtor under certain circumstances

(1)
The court may, by warrant addressed to any person or persons named therein,
                cause a debtor to be arrested, and any books, papers, money and goods in his
                possession or under his control or relating to his affairs to be seized, and him and
                them to be safely kept as prescribed until such time as the court may order under
                the following
circumstances—
(a)
if after presentation of a bankruptcy petition by or against him, it
                    appears to the court that there is probable cause for believing that he has
                    absconded, or is about to abscond, with a view of avoiding payment of a debt, or
                    of avoiding service of a bankruptcy petition, or of avoiding appearance to any
                    such petition, or of avoiding examination in respect of his affairs, or of
                    otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against
                    him;
(b)
if, after presentation of a bankruptcy petition by or against him, it
                    appears to the court that there is probable cause for believing that he is about
                    to dispose of or remove his goods with a view to preventing or delaying
                    possession being taken of them by the Official Receiver or trustee, or that
                    there is probable ground for believing that he has concealed or is about to
                    conceal or destroy any of his goods or any books, documents or writings which
                    might be of use to his creditors in the course of his bankruptcy;
(c)
if, after service of a bankruptcy petition on him or after a bankruptcy
                    order is made against him he removes any goods in his possession above the value
                    of $50 without the leave of the Official Receiver or trustee;
(Amended
37 of
                            1950
Schedule)
(d)
if without good cause shown he fails to attend any examination ordered by
                    the court;
(e)
if there is probable cause for believing that he has committed an offence
                    punishable under this Ordinance.
(Amended
76 of 1996 s. 18
)
(2)
No payment or composition made or security given after arrest made under this
                section shall be exempt from the provisions of this Ordinance relating to unfair
                preferences.