Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.93

Audit of trustee’s accounts

(1)
A trustee other than the Official Receiver shall keep an account of his
                receipts and payments as such trustee.
(Replaced
18 of 2005 s. 34
)
(1A)
The Official Receiver may at any time require the trustee to provide him with
                the account, and the trustee shall comply with the requirement within the specified
                    time.
(Added
18 of 2005 s. 34
)
(2)
The
                account must be in the specified form.
(Replaced
22 of 2023 s. 7
)
(3)
The trustee shall provide the Official Receiver with such vouchers and
                information relating to the account as he requires, and the Official Receiver may at
                any time require the production of, and inspect, any books or accounts kept by the
                    trustee.
(Replaced
39 of 1987 s. 3
. Amended
18 of 2005 s. 34
)
(3A)
The Official Receiver may at any time cause the account to be audited.
(Added
39 of 1987 s. 3
)
(4)
When
                the account has been audited, the trustee must deliver a copy of the account to each
                of the specified entities for filing.
(Replaced
22 of 2023 s. 7
)
(4AA)
If the Official Receiver decides that the account need not be audited, the
                trustee must, as soon as practicable after the decision, deliver a copy of the
                account to each of the specified entities for filing.
(Added
22 of 2023 s. 7
)
(4AAB)
If a copy of the account is delivered by the trustee to a specified entity under
                subsection (4) or (4AA), the
entity—
(a)
must keep the copy of the account so delivered to the entity in the manner
                    that the entity thinks fit; and
(b)
must cause the copy of the account so kept by the entity to be open on
                    payment of the prescribed fee to the inspection of any creditor, the bankrupt or
                    any person interested, in the manner that the entity thinks fit.
(Added
22 of 2023 s. 7
)
(4A)
Notwithstanding the fact that unaudited copies of an account have already been
                filed, the Official Receiver may subsequently cause that account to be audited,
                and
                in that
event—
(Added
39 of 1987 s. 3
. Amended
22 of 2023 s. 7
)
(a)
the trustee must deliver a copy of the audited account to each of the
                    specified entities for filing;
(b)
a specified entity must keep the copy of the audited account so delivered
                    to the entity in the manner that the entity thinks fit; and
(c)
a specified entity must cause the copy of the audited account so kept by
                    the entity to be open on payment of the prescribed fee to the inspection of any
                    creditor, the bankrupt or any person interested, in the manner that the entity
                    thinks fit.
(Amended
22 of 2023 s. 7
)
(5)
The court may if it so desires examine the trustee and, after hearing the
                explanation, if any, of the trustee, make such order as it may think just for
                compelling the trustee to make good any loss to the estate which may appear to the
                court to have been occasioned by any misfeasance, neglect or improper conduct or
                omission of the trustee.
(Amended
39 of 1987 s. 3
)
(6)
In this
section—
specified entity
(
指明單位
) means—
(a)
the Official Receiver; or
(b)
the court.
(Added
22 of 2023 s. 7
)