Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.94

Release of trustee

(1)
When the trustee has realized all the property of the bankrupt or so much
                thereof as can, in his opinion, be realized without needlessly protracting the
                trusteeship, and distributed a final dividend, if any, or has ceased to act by
                reason of a voluntary arrangement having been approved, or has resigned or has been
                removed from his office, he shall apply to the court for his release, and if all the
                requirements of the court with respect to accounts and with respect to any order of
                the court against the trustee have been fulfilled, the court may make an order for
                release accordingly.
(Amended
76 of 1996 s. 49
)
(2)
Where the release of a trustee is withheld the court may, on the application of
                any creditor or person interested, make such order as it thinks just, charging the
                trustee with the consequences of any act or default he may have done or made
                contrary to his duty.
(3)
An order of the court releasing the trustee shall discharge him from all
                liability in respect of any act done or default made by him in the administration of
                the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but
                any such order may be revoked on proof that it was obtained by fraud or by
                suppression or concealment of any material fact.
(4)
The provisions of subsections (1), (2) and (3) shall apply to the Official
                Receiver when he is or is acting as trustee, and when the Official Receiver has been
                released under this section or any previous similar enactment he shall continue to
                act as trustee for any subsequent purposes of the administration of the bankrupt’s
                estate but no liability shall attach to him personally by reason of his so
                continuing in respect of any act done, default made or liability incurred before his
                    release.
(Amended
76 of 1996 s. 72
)
(5)
Where the trustee has not previously resigned or been removed, his release
                shall operate as a removal of him from his office, and thereupon the Official
                Receiver shall be the trustee.
(6)
Where on the release of a trustee the Official Receiver is or is acting as
                trustee, no liability shall attach to him personally in respect of any act done or
                default made or liability incurred by any prior trustee.
[cf. 1914 c. 59 s. 93 U.K.]