Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.82

Discretionary powers of trustee and control thereof

(1)
Subject to the provisions of this Ordinance, the trustee shall, in the
                administration of the property of the bankrupt and in the distribution thereof
                amongst his creditors, have regard to any directions that may be given by resolution
                of the creditors at any general meeting or by the creditors’ committee, and any
                directions so given by the creditors at any general meeting shall, in case of
                conflict, be deemed to override any directions given by the creditors’
                    committee.
(Amended
76 of 1996 s. 74
)
(2)
The trustee may from time to time summon general
                    meetings
                    of the creditors for the purpose of ascertaining their wishes, and it shall be
                    his duty to summon meetings at such times as the creditors, by resolution,
                    either at the meeting appointing the trustee or otherwise may direct, and it
                    shall be lawful for any creditor, with the concurrence of
one-
fourth in value of
                    the creditors (including himself), at any time to request the trustee to call a
                    meeting of the creditors, and the trustee shall call such meeting accordingly
                    within 14
days:
Provided that the person at whose
                    instance the meeting is summoned shall, if so required, deposit with the
                        trustee
a sum sufficient to pay the costs
                    of summoning the meeting, such sum to be repaid to him out of the estate if the
                    court so directs.
(Amended
18 of 2005 s. 26
)
(3)
The trustee may apply to the court in manner prescribed for directions in
                relation to any particular matter arising under the bankruptcy.
(4)
Subject to the provisions of this Ordinance the trustee shall use his
                discretion in the management of the estate and its distribution among the
                creditors.
[cf. 1914 c. 59 s. 79 U.K.]