Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.85A

Remuneration of provisional trustee and the first trustee constituted under section 112A

(1)
The remuneration of the following persons shall be fixed by
                the Official Receiver in accordance with a scale of fees or on such other basis as
                the Official Receiver may from time to time approve in
writing—
(a)
a provisional trustee other than the Official Receiver;
(b)
in a case where
section 112A
applies and the first trustee
                    constituted under subsection
(1
)(
i)
of that section is not the
                    Official Receiver, that first trustee.
(2)
If one-fourth in number or value of the creditors apply to the Official
                Receiver or the Official Receiver is of the opinion that the remuneration of the
                provisional trustee or first trustee referred to in subsection (1) should be
                reviewed, the Official Receiver may apply to the court and thereupon the court may
                confirm, increase or reduce such remuneration.
(3)
Where the provisional trustee or first trustee referred to in subsection (1)
                has not received any remuneration, the court may, on application, order the payment
                out of the bankrupt’s estate to him of such amount as the court considers sufficient
                to reimburse him for any necessary disbursements incurred by him in the course of
                the administration of the estate. Such application may be made by the trustee or the
                Official Receiver.
(4)
The provisional trustee or first trustee referred to in subsection (1) shall
                not under any circumstances whatever make any arrangement for, or accept from the
                bankrupt, or any solicitor, auctioneer or any other person who may be employed in
                relation to the bankruptcy, any gift, remuneration or pecuniary or other
                consideration or benefit whatever to be made or payable to him beyond his said
                remuneration payable out of the estate, and he shall not make any arrangement for
                giving up, or give up, any part of his remuneration, whether as receiver, manager or
                trustee, to the bankrupt or any solicitor, auctioneer or any other person who may be
                employed in relation to the bankruptcy.