### Bankruptcy Ordinance 《破產條例》

100H. Proof of debts in the case of banks
(1) Where the bankrupt was carrying on the business of a bank, any creditor who is a depositor, whether on current, savings, deposit, fixed deposit or other account, shall, unless and until the Official Receiver or trustee by notice in writing requires him to make a formal proof of debt, be deemed to have proved his debt— (Amended 18 of 2005 s. 41)
(a) for voting purposes, for the net balance to his credit in the books of the bank on all his accounts taken together, at the date of the bankruptcy order: (Amended 76 of 1996 s. 73)
Provided that if the said balance does not exceed $100 he shall not be deemed to have proved his debt for the purposes of sections 20 to 20K and 100B(4); and (Amended 76 of 1996 s. 57)
(b) for dividend purposes, for the said balance plus or minus, as the case may be, the net amount of interest accrued due by or to the bank on the said accounts at the date of the bankruptcy order. (Amended 76 of 1996 s. 73)
(2) Any debt which is deemed to have been proved by virtue of subsection (1) shall be treated as if a proof thereof had been duly lodged in due time with the Official Receiver or trustee and had been admitted for voting and dividend purposes respectively for the said amounts stated in subsection (1).
(Added 21 of 1965 s. 2)

101. Consolidation of petitions
Where 2 or more bankruptcy petitions are presented against the same debtor or against joint debtors the court may consolidate the proceedings or any of them on such terms as the court thinks fit.
[cf. 1914 c. 59 s. 110 U.K.]

102. Power to change carriage of proceedings
Where the petitioner does not proceed with due diligence on his petition the court may either dismiss the petition or substitute as petitioner any other creditor to whom the debtor may be indebted in the amount required by this Ordinance in the place of the petitioning creditor.
[cf. 1914 c. 59 s. 111 U.K.]

103. Continuance of proceedings on death of debtor
If a debtor by or against whom a bankruptcy petition has been presented dies, the proceedings in the matter shall, unless the court otherwise orders, be continued as if he were alive.
[cf. 1914 c. 59 s. 112 U.K.]

### Bankruptcy Ordinance 《破產條例》

104. Power to stay proceedings
The court may at any time, for sufficient reason, make an order staying the proceedings under a bankruptcy petition, either altogether or for a limited time, on such terms and subject to such conditions as the court may think just.
[cf. 1914 c. 59 s. 113 U.K.]

105. Power to present petition against one partner
Any creditor whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present a petition against any one or more partners of the firm without including the others.
(Amended 76 of 1996 s. 58)[cf. 1914 c. 59 s. 114 U.K.]

106. Power to dismiss petition against some respondents only
Where there are more respondents than one to a petition the court may dismiss the petition as to one or more of them without prejudice to the effect of the petition as against the other or others of them.
[cf. 1914 c. 59 s. 115 U.K.]

107. Actions by trustee and bankrupt’s partners
Where a member of a partnership is adjudged bankrupt the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner; and any release by such partner of the debt or demand to which the action relates shall be void; but notice of the application for authority to commence the action shall be given to him, and he may show cause against it, and on his application the court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action, and if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the court directs.
[cf. 1914 c. 59 s. 117 U.K.]

108. Actions on joint contracts
Where a bankrupt is a contractor in respect of any contract jointly with any person or persons, such person or persons may sue or be sued in respect of the contract without the joinder of the bankrupt.
[cf. 1914 c. 59 s. 118 U.K.]

109. Proceedings in partnership name
Any 2 or more persons, being partners, or any person carrying on business under a partnership name, may take proceedings or be proceeded against under this Ordinance in the name of the firm, but in such case the court may, on application by any person interested, order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner, and verified on oath or otherwise, as the court may direct.
[cf. 1914 c. 59 s. 119 U.K.]

### Bankruptcy Ordinance 《破產條例》

110. Disobedience to order of court
Where default is made by a trustee, bankrupt or other person in obeying any order or direction made or given by the court under this Ordinance, the court may make an immediate order for the committal of such trustee, bankrupt or other person for contempt of court:
Provided that the power given by this section shall be deemed to be in addition to and not in substitution for any other right, remedy or liability in respect of such default.(Amended 76 of 1996 s. 72)[cf. 1914 c. 59 s. 105(5) U.K.]

111. Exclusion of corporations, companies and limited partnerships
A bankruptcy order shall not be made against— (Amended 28 of 2012 ss. 912 & 920)
(a) any corporation;
(b) any association or company registered under—
(i) a former Companies Ordinance as defined by section 2(1) of the Companies Ordinance (Cap. 622); or
(ii) the Companies Ordinance (Cap. 622);
(c) any partnership registered under the Limited Partnerships Ordinance (Cap. 37); or
(d) any limited partnership fund registered under the Limited Partnership Fund Ordinance (Cap. 637). (Added 14 of 2020 s. 102. Amended E.R. 5 of 2020)
(Amended 76 of 1996 s. 73; 28 of 2012 ss. 912 & 920; 14 of 2020 s. 102)[cf. 1914 c. 59 s. 126 U.K.]