Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.30E

Supplies of gas, water, electricity, etc.

(1)
This section applies where on any day
                    (
the
                    relevant
                day
)—
(a)
a bankruptcy order is made against a debtor; or
(b)
a voluntary arrangement proposed by a debtor is approved at a meeting
                    summoned under
section 20E
,
and in this section
the
office-
holder
(
負責人
) means the Official Receiver or the trustee, as
                the case may be, or, in the case of a voluntary arrangement, the
                nominee.
(2)
If a request falling within subsection (3) is made for the giving after the relevant day of any of the supplies mentioned in subsection (4), the supplier may make it a condition of the giving of the supply that the office-holder personally guarantees the payment of any charges in respect of the supply, but the supplier shall not, directly or indirectly, make it a condition of the giving of the supply that any outstanding charges in respect of a supply given to the debtor before the relevant day are paid.
(3)
A request falls within this subsection if it is
made—
(a)
by or with the concurrence of the office-holder; and
(b)
for the purposes of any business which is or has been carried on by the debtor, by a firm or partnership of which the debtor is or was a member, or by an agent or manager for the debtor or for such a firm or partnership.
(4)
The supplies referred to in subsection (2)
are—
(a)
a public supply of gas;
(b)
a public supply of electricity;
(c)
a supply of water under the Waterworks Ordinance (
Cap. 102
);
(d)
a supply of telecommunications services by a public telecommunications operator licensed under the Telecommunications Ordinance (
Cap. 106
).
(Amended
36 of 2000 s. 28
)