Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.74B

Office and functions of Official Petitioner

(1)
For the purposes of discharging, in relation to cases in which a criminal
                bankruptcy order is made, the functions mentioned in subsection (2), there shall be
                an officer known as the Official Petitioner; and the Secretary for Justice shall, by
                virtue of his office, be the Official Petitioner.
(Amended
L.N. 362 of
                        1997
)
(2)
The functions of the Official Petitioner shall
be—
(a)
to consider whether, in a case where a criminal bankruptcy order is made,
                    it is in the public interest that he should himself present a criminal
                    bankruptcy petition;
(b)
to present a criminal bankruptcy petition in any such case where he
                    determines it is in the public interest for him to do so;
(c)
to make payments, in such cases as he may determine, towards expenses
                    incurred by other persons in
                    connexion
                    with proceedings pursuant to a criminal bankruptcy petition or a criminal
                    bankruptcy administration petition;
(d)
to exercise, so far as he considers it to be in the public interest to do
                    so, any of the powers conferred on him by
Schedule 1
.
(Amended
39 of 1992 s. 2
)
(3)
Neither the Official Petitioner nor any person acting under his authority shall
                be liable to any action or proceeding in respect of anything done or omitted in the
                discharge, or purported discharge, of the functions of the Official Petitioner under
                or by virtue of this Ordinance.
(4)
Any functions of the Official Petitioner under this Ordinance may be discharged
                on his behalf by any person acting with his authority.
[cf. 1972 c. 71 s. 9 U.K.]