### Bankruptcy (Fees and Percentages) Order 《破產(費用及百分率)令》

4. Transitional and savings
(1) This paragraph relates to the fee payable under paragraph 9 of Table B of the Schedule.
(2) Where in respect of any estate the Official Receiver has accounted to the court under section 78(3) or a trustee’s account has been sent to the Official Receiver under section 93(1) before the commencement date but the fee payable in respect thereof has not been paid before that date, the fee calculated under the old scale shall continue to be payable except that where such fee together with all fees paid in respect of previous accounts is higher than the fee that would be payable if calculated under the new scale on the aggregate amount of assets realized and brought to credit, a fee calculated under the new scale on the aggregate amount of assets realized and brought to credit (giving credit for any amount previously paid) shall be payable.
(3) In the case a bankruptcy commenced before the commencement date continues after that date, the fee payable in respect of an account sent to the Official Receiver under section 93(1) or, where the Official Receiver acts as trustee, prepared for the purposes of section 78(3), shall be calculated under the new scale in respect of the aggregate amount of assets realized and brought to credit and in respect of any assets realized and brought to credit before the commencement date in respect of which a fee has been paid, credit shall be given as if a fee calculated under the new scale had been paid.
(4) Where an account relating to a period ending before the commencement date is sent to the Official Receiver under section 93(1) or, where the Official Receiver acts as trustee, is prepared for the purposes of section 78(3), after the commencement date, the fee payable in respect thereof shall be calculated under the new scale.
(5) In this paragraph—
commencement date (生效日期) means the date of the coming into operation of the Bankruptcy (Fees and Percentages) (Amendment) Order 1987 (L.N. 195 of 1987);
new scale (新收費表) means the scale of fees prescribed in paragraph 9 of Table B of the Schedule as substituted by the Bankruptcy (Fees and Percentages) (Amendment) Order 1987 (L.N. 195 of 1987);
old scale (舊收費表) means the scale of fees* prescribed in paragraph 9 of Table B of the Schedule in force immediately before the commencement date.
(L.N. 195 of 1987)Editorial Note:
* For old scale of fees, see L.N. 144 of 1985.

### Bankruptcy Rules 《破產規則》

1. Citation
These rules may be cited as the Bankruptcy Rules.

2. Interpretation
In these rules, unless the context otherwise requires—
bankruptcy order (破產令) means an order adjudging an individual bankrupt; (L.N. 77 of 1998)
court (法院、法庭) means the court as defined by the Ordinance, and includes the Registrar when exercising the power of the court pursuant to the Ordinance or these rules;
court of appeal (上訴法院) means any court exercising appellate jurisdiction under the Ordinance or these rules;
creditor (債權人) includes a corporation, a firm of creditors in partnership and, in relation to criminal bankruptcy proceedings, the Official Petitioner; (L.N. 152 of 1979)
debtor (債務人) includes any debtor proceeded against under the Ordinance, whether adjudged bankrupt or not, and also includes a firm of debtors in partnership; (G.N.A. 124 of 1955)
proof (債權證明表) means a document by which a creditor seeks to establish his claim against a debtor; (L.N. 222 of 1992)
Registrar (司法常務官) means the Registrar of the High Court, and any Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court; (L.N. 231 of 1984; 25 of 1998 s. 2; 10 of 2005 s. 169)
sealed (蓋章) means sealed with the seal of the court;
taxing officer (訟費評定官) includes the Registrar and also any officer or officers of the court whose duty it is to tax costs.
(L.N. 77 of 1998)

2A. Provisional trustee regarded as trustee
Save in rules 35, 36, 72A(3), 99A, 99B, 99E, 99F, 99G, 99Q(a), 99Y(2), 101, 113, 138, 141, 149A(2), 159(2), 159A, 162(1), 172 and 179, a provisional trustee shall, unless the context otherwise requires, be regarded as a trustee for the purposes of these rules.
(L.N. 123 of 2007)

### Bankruptcy Rules 《破產規則》

3. Computation of time
The provisions of section 122 of the Ordinance shall apply to these rules as if the words “these rules” were substituted for the words “this Ordinance” in the first line of the said section.
(E.R. 4 of 2020)

4. (Transferred to the Bankruptcy (Forms) Rules, rule 2)

5. Matters to be heard in court
The following matters and applications shall be heard and determined in open court—
(a)  petitions:
Provided that a debtor’s petition may be heard in chambers if urgent, and if the judge so directs; 
(b) applications to annul a bankruptcy order; (L.N. 77 of 1998)
(c) the public examination of debtors;
(d) applications for an interim order or for the continuation, renewal or discharge of an interim order in connection with a voluntary arrangement; (L.N. 77 of 1998)
(e) applications for suspension of the relevant period for discharge, the lifting of such a suspension or for early discharge; (L.N. 77 of 1998)
(ea) applications under section 30AB of the Ordinance for a non-commencement order; (1 of 2016 s. 8)
(f) applications to set aside or avoid any settlement, conveyance, transfer, security or payment, or to declare for or against the title of the trustee to any property adversely claimed;
(g) applications for the committal of any person to prison for contempt;
(h) (Repealed L.N. 231 of 1984)(i) (Repealed L.N. 77 of 1998)(j) any other matter which the Chief Justice may direct.
Any other matter or application may be heard and determined in chambers unless the judge directs that it be heard and determined in open court. (G.N.A. 124 of 1955)

6. Adjournment from chambers to court and vice versa
Subject to the provisions of the Ordinance and rules—
(a) the Registrar may under the general or special directions of a judge hear and determine any application or matter which under the Ordinance and rules may be heard and determined in chambers;
(b) any matter or application before the Registrar may at any time be adjourned by him to be heard before a judge;
(c) any matter or application may, at any time, if a judge thinks fit, be adjourned from chambers to court or from court to chambers, and if all the contending parties require any matter of application to be adjourned from chambers to court it shall be so adjourned.
(L.N. 106 of 1987)