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.