Bankruptcy Ordinance

(1)
For the purposes of
sections 49 to 51A
, any question whether a
                person is an associate of another person shall be determined in accordance with this
                    section.
(2)
A person is an associate of a debtor if that person is the debtor’s spouse, or
                is a relative, or the spouse of a relative of the debtor or his spouse.
(3)
A person is an associate of a debtor with whom he is in partnership, and of the
                spouse or a relative of any debtor with whom he is in partnership.
(4)
A person is an associate of a debtor whom he employs or by whom he is employed
                and for this purpose, any director or other officer of a company shall be treated as
                employed by that company.
(5)
A person in his capacity as trustee of a trust is an associate of a debtor if
                the beneficiaries of the trust include, or the terms of the trust confer a power
                that may be exercised for the benefit of, that debtor or an associate of that
                debtor.
(6)
A company is an associate of a debtor if that debtor has control of it or if
                that debtor and persons who are his associates together have control of
                it.
(7)
For the purposes of this section, a person is a relative of a debtor if he is
                that debtor’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal
                descendant,
treating—
(a)
any relationship of the half blood as a relationship of the whole blood and
                    the step child or adopted child of any person as his child; and
(b)
an illegitimate child as the legitimate child of his mother and reputed
                    father,
and references in this section to a spouse shall include a former
                spouse.
(8)
For the purposes of this section, a debtor shall be taken to have control of a
                company
if—
(a)
the directors of the company or of another company which has control of it
                    (or any of them) are accustomed to act in accordance with his directions or
                    instructions, but a debtor shall not be considered to have control of a company
                    by reason only that the directors act on advice given by him in a professional
                    capacity; or
(b)
he is entitled to exercise, or control the exercise of,
                    one-third
                    or more of the voting power at any general meeting of the company or of another
                    company which has control of it,
(Amended
E.R. 1 of 2019
)
and where 2 or more persons together satisfy either of the above conditions,
                they shall be taken to have control of the company.
(9)
In this section,
company
(
公司
) includes any body corporate (whether incorporated in Hong Kong or
                elsewhere); and references to directors and other officers of a company and to
                voting power at any general meeting of a company shall have effect with any
                necessary modifications.