Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.30AC

Non-commencement of relevant period: court order and trustee’s notice

(1)
On an application made by the trustee under
section 30AB(1)
, the court may approve the application and make a
non-
commencement order against the bankrupt if
it—
(a)
is satisfied by the trustee as to the matters mentioned in
section 30AB(1
)(
a)
, (b) and (c); and
(b)
is not satisfied by the bankrupt that there is sufficient cause for the order not to be made.
(2)
A
non-
commencement
order—
(a)
must—
(i)
specify that the relevant period for the bankrupt is treated as not commencing to run on the date of the bankruptcy order; and
(ii)
specify one or more terms that the bankrupt must comply with before the relevant period is to commence to run; and
(b)
may specify any other terms the court thinks fit.
(3)
If the terms specified under subsection
(2
)(
a
)(
ii)
are complied with by the bankrupt, the trustee must, within 14 days after the date on which all such terms are complied
with—
(a)
file with the Registrar a notice stating that fact and the date on which all such terms are complied with; and
(b)
send a copy of the notice
to—
(i)
the bankrupt; and
(ii)
(where the trustee is not the Official Receiver) the Official Receiver.
(4)
On the trustee’s filing of the notice mentioned in subsection
(3
)(
a)
, the relevant period is treated as commencing to run on the date stated in the notice under that subsection.
(5)
This section is without prejudice to any power of the court to annul a bankruptcy order.