Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.8

Recovery of assets for benefit of criminal bankrupt’s creditors

(1)
Without prejudice to any other provision of this Ordinance,
                        subparagraphs (2) to (5) shall apply, where a person is adjudged bankrupt in
                        proceedings pursuant to a criminal bankruptcy petition, with respect to
                        dispositions of property or any interest in property made by the bankrupt on
                        or after the relevant date, either by way of gift or for an under-value.
In this subparagraph,
relevant date
(
有關日期
) means the date specified in
                        the criminal bankruptcy order (in accordance with
section
                            84A(3
)(
d)
of the Criminal Procedure Ordinance (
Cap. 221
)) as the earliest date on which the
                        offence or, as the case may be, the earliest of the offences, was committed.
(Amended
E.R. 1 of
                            2019
)
(2)
On the application of the Official Receiver (in his capacity as trustee)
                        the court may make orders
requiring—
(a)
the person taking under any such disposition; or
(b)
subject to subparagraph (3), any other person who by virtue of any
                            subsequent disposition acquired (whether or not from the person taking
                            under the bankrupt’s disposition) the whole or any part of the property
                            or any interest therein,
to transfer the whole or any part of the property, or such interest
                        as the order may specify, to the trustee, or to make such payments to the
                        trustee as the court thinks just with a view to making available to the
                        creditors the full value of the property or interest disposed of by the
                        bankrupt (including any increase in its value since the disposition was
                        made).
(3)
No order shall be made by virtue of subparagraph
(2
)(
b)
against a person appearing to the court to have given full value for
                        anything taken by him under a relevant disposition or to claim (directly or
                        indirectly) through a person who gave full value.
(4)
An order of the court under this paragraph requiring a person to
                        transfer any property or interest may include such consequential directions
                        for giving effect to the order, and be made on such terms (including in
                        particular terms allowing the person to retain or recover consideration
                        given by him for any relevant disposition) as the court thinks just in all
                        the circumstances.
(5)
In this paragraph,
disposition
(
產權處置
) includes any conveyance or assurance
                        of property of any description.