### Bankruptcy Ordinance 《破產條例》

9. Creditor’s petition and order thereon
(1) A creditor’s petition shall be verified by affidavit of the creditor or of some person on his behalf having knowledge of the facts, and shall be served in the prescribed manner. (Amended 39 of 1987 s. 2)
(2) At the hearing the court shall require proof of the debt of the petitioning creditor and of the service of the petition, and, if satisfied with the proof, may make a bankruptcy order in pursuance of the petition. (Amended 76 of 1996 s. 6)
(3) If the court is not satisfied with the proof of the petitioning creditor’s debt or of the service of the petition, or is satisfied by the debtor that he is able to pay his debts or has a reasonable prospect of being able to pay them, or considers that for other sufficient cause no order ought to be made, the court may dismiss the petition. (Amended 45 of 1986 s. 2; 76 of 1996 s. 6)
(4) (Repealed 76 of 1996 s. 6)(5) Where the debtor appears on the petition and denies that he is indebted to the petitioner, or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the court, on such security (if any) being given as the court may require for payment to the petitioner of any debt which may be established against him in due course of law, and of the costs of establishing the debt, may, instead of dismissing the petition, stay all proceedings on the petition for such time as may be required for trial of the question relating to the debt.
(6) Where proceedings are stayed the court may, if by reason of the delay caused by the stay of proceedings or for any other cause it thinks just, make a bankruptcy order on the petition of some other creditor, and shall thereupon dismiss, on such terms as it thinks just, the petition in which proceedings have been stayed as aforesaid. (Amended 76 of 1996 s. 6)
(7) (Repealed 76 of 1996 s. 6)[cf. 1914 c. 59 s. 5 U.K.]

### Bankruptcy Ordinance 《破產條例》

10. Grounds of debtor’s petition
(1) A debtor’s petition may be presented to the court only on the ground that the debtor is unable to pay his debts.
(2) The petition shall be accompanied by a statement of the debtor’s affairs containing—
(a) such particulars of the debtor’s creditors and of his debts and other liabilities and of his assets as may be prescribed; and
(b) such other information as may be prescribed.
(3) A debtor’s petition may be presented whether or not the aggregate amount of indebtedness is equal to or exceeds the amount provided for a creditor’s petition under section 6(2)(a).
(Replaced 76 of 1996 s. 7)

11. Appearance of Official Receiver on petition
On the hearing of any creditor’s or debtor’s petition it shall be lawful for the Official Receiver to appear and to call, examine and cross-examine any witness and, if he so thinks fit, to support or oppose the making of a bankruptcy order.
(Amended 76 of 1996 s. 73)

### Bankruptcy Ordinance 《破產條例》

12. Effect of bankruptcy order
(1) On the making of a bankruptcy order, the Official Receiver shall thereby become the provisional trustee of the property of the bankrupt, and thereafter, except as directed by this Ordinance, no creditor to whom the bankrupt is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the bankrupt in respect of the debt, nor shall proceed with or commence any action or other legal proceedings, unless with the leave of the court and on such terms as the court may impose. (Amended 76 of 1996 ss. 8 & 72; 18 of 2005 s. 3)
(1A) In the case of a debtor’s petition, the Official Receiver as the provisional trustee may at any time appoint any person to act as the provisional trustee of the property of the bankrupt in his place if he considers that—
(a) the value of the property of the bankrupt is unlikely to exceed $200,000; and
(b) the person has the qualifications prescribed in Schedule 3. (Added 18 of 2005 s. 3)
(1B) The power of the Official Receiver to appoint a person as provisional trustee includes power to appoint 2 or more persons as joint provisional trustees; but such an appointment must make provision as to the circumstances in which the provisional trustees must act together and the circumstances in which one or more of them may act for the others. (Added 18 of 2005 s. 3)
(1C) The Secretary for Financial Services and the Treasury may, by notice published in the Gazette, amend Schedule 3. (Added 18 of 2005 s. 3)
(2) This section shall not affect the power of any secured creditor to realize or otherwise deal with his security.
[cf. 1914 c. 59 s. 7 U.K.]

13. Power to appoint interim trustee
The court may, if it is shown to be necessary for the protection of the estate, at any time after the presentation of a bankruptcy petition and before a bankruptcy order is made, appoint the Official Receiver to be interim trustee of the property of the debtor or of any part thereof, and direct him to take immediate possession thereof or of any part thereof.
(Amended 76 of 1996 s. 9; 18 of 2005 s. 4)[cf. 1914 c. 59 s. 8 U.K.]

### Bankruptcy Ordinance 《破產條例》

14. Power to stay pending proceedings
(1) The court may at any time after the presentation of a bankruptcy petition either stay any action, execution or other legal process against the property or person of the debtor or allow it to continue on such terms as it may think just.
(2) Where the court makes an order staying any action or proceedings or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the court, by post to the address for service of the plaintiff or other party prosecuting such proceeding or to the address of his solicitor.
(3) Without prejudice to the provisions of subsection (1), if the court orders the release of any debtor who is under execution for a civil debt, it may impose such conditions as it thinks fit, and in particular it may require as a condition of such release that the debtor find security to attend in the subsequent bankruptcy proceedings and to abide by all orders of the court relating to the said proceedings.
[cf. 1914 c. 59 s. 9 U.K.]

15. Power to appoint special manager
(1) The court may, on the application of the Official Receiver or of any creditor or creditors, and if satisfied that the nature of the debtor’s estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the Official Receiver, appoint a manager thereof accordingly, who shall have such powers (including any of the powers of a receiver) as may be entrusted to him by the Official Receiver. (Amended 18 of 2005 s. 5)
(2) The special manager shall give security and account in such manner as the court may direct.
(3) The special manager shall receive such remuneration as may be fixed by the court. (Amended 76 of 1996 s. 10)
(4) The term of office of the special manager shall last until—
(a) in a case where a provisional trustee is appointed under section 12(1A), the appointment; or
(b) in any other case, a trustee is appointed or constituted under section 17, 100D(1), 112(4) or 112A(1)(i) or paragraph 6 of Part II of Schedule 1. (Added 18 of 2005 s. 5)
[cf. 1914 c. 59 s. 10 U.K.]