Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.6A

Definition of inability to pay, etc.; the statutory demand

(1)
For the purposes of
section 6(2
)(
c)
, the debtor appears to be unable
                to pay a debt if, but only if, the debt is payable immediately and
either—
(a)
the petitioning creditor to whom the debt is owed has served on the debtor
                    a demand (known as
the
                        statutory
                    demand
)
                    in the prescribed form requiring him to pay the debt or to secure or compound
                    for it to the satisfaction of the creditor, at least 3 weeks have elapsed since
                    the demand was served and the demand has been neither complied with nor set
                    aside in accordance with the rules; or
(b)
execution or other process issued in respect of the debt on a judgment or
                    order of any court in favour of the petitioning creditor, or one or more of the
                    petitioning creditors to whom the debt is owed, has been returned unsatisfied in
                    whole or in part.
(2)
For the purposes of
section 6(2
)(
c)
the debtor appears to have no
                reasonable prospect of being able to pay a debt if, but only if, the debt is not
                immediately payable
and—
(a)
the petitioning creditor to whom it is owed has served on the debtor a
                    demand (also known as
the
                        statutory
                    demand
)
                    in the prescribed form requiring him to establish to the satisfaction of the
                    creditor that there is a reasonable prospect that the debtor will be able to pay
                    the debt when it falls due;
(b)
at least 3 weeks have elapsed since the demand was served; and
(c)
the demand has been neither complied with nor set aside in accordance with
                    the rules.