### Bankruptcy Ordinance 《破產條例》

26. Duties of debtor as to discovery and realization of property
(1) Every debtor against whom a bankruptcy order is made shall, unless prevented by sickness or other sufficient cause, attend the first meeting of his creditors, and shall submit to such examination and give such information as the meeting may require. (Amended 76 of 1996 s. 73)
(2) He shall give such inventory of his property, such list of his creditors and debtors, and of the debts due to and from them respectively, submit to such examination in respect of his property or his creditors, attend such other meetings of his creditors, wait at such times on the Official Receiver, special manager or trustee, execute such powers of attorney, conveyances, deeds and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors, as may be reasonably required by the Official Receiver, special manager or trustee or may be provided by this Ordinance, or be prescribed or be directed by the court by any special order or orders made in reference to any particular case or made on the occasion of any special application by the Official Receiver, special manager, trustee or any creditor or person interested.
(3) He shall aid to the utmost of his power in the realization of his property and the distribution of the proceeds among his creditors. (Amended 76 of 1996 s. 17)
(4) If a bankrupt wilfully fails to perform the duties imposed on him by this section or to deliver up possession of any part of his property, which is divisible amongst his creditors under this Ordinance and which is for the time being in his possession or under his control, to the Official Receiver or to the trustee or to any person authorized by the court to take possession of it, he shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of court and may be punished accordingly. (Amended 76 of 1996 s. 72)
[cf. 1914 c. 59 s. 22 U.K.]

### Bankruptcy Ordinance 《破產條例》

27. Arrest of debtor under certain circumstances
(1) The court may, by warrant addressed to any person or persons named therein, cause a debtor to be arrested, and any books, papers, money and goods in his possession or under his control or relating to his affairs to be seized, and him and them to be safely kept as prescribed until such time as the court may order under the following circumstances—
(a) if after presentation of a bankruptcy petition by or against him, it appears to the court that there is probable cause for believing that he has absconded, or is about to abscond, with a view of avoiding payment of a debt, or of avoiding service of a bankruptcy petition, or of avoiding appearance to any such petition, or of avoiding examination in respect of his affairs, or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against him;
(b) if, after presentation of a bankruptcy petition by or against him, it appears to the court that there is probable cause for believing that he is about to dispose of or remove his goods with a view to preventing or delaying possession being taken of them by the Official Receiver or trustee, or that there is probable ground for believing that he has concealed or is about to conceal or destroy any of his goods or any books, documents or writings which might be of use to his creditors in the course of his bankruptcy;
(c) if, after service of a bankruptcy petition on him or after a bankruptcy order is made against him he removes any goods in his possession above the value of $50 without the leave of the Official Receiver or trustee; (Amended 37 of 1950 Schedule)
(d) if without good cause shown he fails to attend any examination ordered by the court;
(e) if there is probable cause for believing that he has committed an offence punishable under this Ordinance. (Amended 76 of 1996 s. 18)
(2) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Ordinance relating to unfair preferences.
(Amended 76 of 1996 ss. 18 ＆ 73)[cf. 1914 c. 59 s. 23 U.K.]

### Bankruptcy Ordinance 《破產條例》

28. Re-direction of bankrupt’s telegrams and letters
Where a bankruptcy order is made against a bankrupt the court, on the application of the Official Receiver or trustee, may from time to time order that for such time, not exceeding 3 months, as the court thinks fit telegrams and post letters and other postal packets, addressed to the bankrupt at any place or places mentioned in the order for re-direction, shall be re-directed, sent or delivered by the agent of the telegraph organization or the Post-master General, or the officers acting under them, to the Official Receiver or the trustee or otherwise as the court directs, and the same shall be done accordingly.
(Amended 76 of 1996 ss. 72 & 73)[cf. 1914 c. 59 s. 24 U.K.]

### Bankruptcy Ordinance 《破產條例》

30. Commencement and continuance of bankruptcy
The bankruptcy of a person against whom a bankruptcy order has been made—
(a) commences with the day on which the order is made; and
(b) continues until he is discharged under section 30A or 30B.
(Replaced 76 of 1996 s. 20)

### Bankruptcy Ordinance 《破產條例》

30AB. Non-commencement of relevant period: trustee’s application
(1) The trustee may apply to the court for a non-commencement order against a bankrupt if—
(a) the trustee has required the bankrupt to—
(i) attend an initial interview on a day appointed by the trustee for the administration of the bankrupt’s estate; and
(ii) provide the trustee at the initial interview with information concerning the bankrupt’s affairs, dealings and property;
(b) the bankrupt—
(i) has failed to attend the initial interview; or
(ii) has attended the initial interview, but failed to provide the trustee at the initial interview with all of the information concerning the bankrupt’s affairs, dealings and property as reasonably required by the trustee; and
(c) the administration of the bankrupt’s estate was prejudiced by the matter referred to in paragraph (b)(i) or (ii).
(2) The trustee may apply for a non-commencement order within—
(a) a period of 6 months after the date of the bankruptcy order against the bankrupt; or
(b) a longer period specified by the court under subsection (3).
(3) The court may, on the trustee’s application (extension application), specify a longer period for the trustee to apply for a non-commencement order.
(4) An extension application must be made within—
(a) the period referred to in subsection (2)(a); or
(b) (if the court has specified a longer period under subsection (3)) that longer period.
(5) This section only applies to a bankrupt against whom a bankruptcy order is made on or after 1 November 2016.
(6) To avoid doubt, a bankrupt has failed to attend an initial interview under subsection (1)(b)(i) if the bankrupt is not physically present before the trustee at the initial interview.
(Added 1 of 2016 s. 5)