Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.71

Interest on debts

(1)
Where a bankruptcy debt bears interest, that interest is provable as part of the debt except in so far as it is payable in respect of any period after the commencement of the bankruptcy.
(2)
Any surplus remaining after the payment of debts that are proved in bankruptcy shall, before being applied for any other purpose, be applied in paying interest on those debts in respect of the periods during which they have been outstanding since the commencement of the bankruptcy; and interest on preferential debts ranks equally with interest on debts other than preferential debts.
(3)
The rate of interest payable under subsection (2) in respect of any debt is whichever is the greater of the
following—
(a)
the rate specified under
section 49
of the
                    High
                    Court Ordinance (
Cap. 4
) at the
                    commencement of the bankruptcy; and
(Amended
17 of 2018 s. 35
)
(b)
the rate applicable to that debt apart from the bankruptcy.
(4)
On any debt or sum certain, payable at a certain time or otherwise, whereon
                interest is not reserved or agreed for, and which is overdue at the date of the
                commencement of the bankruptcy, the creditor may prove for interest, at a rate not
                exceeding the rate specified under
section 49
of the
                High
                Court Ordinance (
Cap. 4
), to that date
                from the time when the debt or sum has become payable, if the debt or sum is payable
                by virtue of a written instrument at a certain time, and if payable otherwise, then
                from the time when a demand in writing has been made, giving notice that interest
                will be claimed from the date of the demand until the time of payment.
(Amended
17 of 2018 s. 35
)