### Bankruptcy Rules 《破產規則》

99R. Time for lodging proxy
(1) A proxy may not be used unless it is deposited with the trustee 24 hours before the meeting at which it is to be used.
(2) A proxy required to be deposited in accordance with these rules shall be deemed to have been so deposited if such proxy is received by facsimile transmission by the trustee within the time provided in subrule (1). (L.N. 150 of 2014)
(L.N. 77 of 1998; L.N. 123 of 2007)

99S. Solicitation by trustee
Where it appears to the satisfaction of the court that any solicitation has been used by or on behalf of a trustee in obtaining proxies, or in procuring the trusteeship, except by the direction of a meeting of creditors, the court shall have power, if it thinks fit, to order that no remuneration shall be allowed to the person by whom or on whose behalf such solicitation may have been exercised, notwithstanding any resolution of the creditors’ committee or of the creditors to the contrary.
(L.N. 77 of 1998)

99T. Proxy to trustee
(L.N. 123 of 2007)A creditor may appoint the trustee to act in the manner prescribed as his general or special proxy.
(L.N. 77 of 1998; L.N. 123 of 2007)

99U. Adjournments
The chairman of a meeting may, with the consent of the meeting, adjourn the meeting from time to time and from place to place.
(L.N. 77 of 1998)

99V. Quorum
(1) A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts and the adjournment of the meeting, unless there is present thereat at least one creditor entitled to vote.
(2) For the purposes of this rule, the reference to one creditor present includes a creditor represented by proxy by any person, including the chairman of the meeting.
(L.N. 77 of 1998)

99W. No quorum present
If within half an hour from the time appointed for the meeting a quorum of creditors is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place or to such other day as the chairman may appoint, being not fewer than 7 nor more than 21 days after the day first appointed.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

99X. Minutes
The chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a record kept for that purpose and the minutes shall be signed by him or by the chairman of the next ensuing meeting.
(L.N. 77 of 1998)

99Y. Conflict of interest
(1) No person acting under either a general or a special proxy shall vote in favour of any resolution which would directly or indirectly place him or his partner or employer in a position to receive any remuneration out of the estate of the bankrupt otherwise than as a creditor ratably with the other creditors of the bankrupt.
(2) Where any person holds special proxies to vote for the appointment of himself as trustee he may use the said proxies and vote accordingly.
(L.N. 77 of 1998)

99Z. Excluded votes
The vote of the trustee or of his partner, clerk, solicitor or solicitor’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the conduct of the trustee.
(L.N. 77 of 1998)

100. Notice to bankrupt of meeting to appoint trustee
The trustee shall give 3 days’ notice to the bankrupt of the time and place appointed for the meeting mentioned in rules 99A and 101, when one is to be held. The notice may be either delivered to him personally or sent to him by prepaid letter post, as may be convenient. It shall be the duty of the bankrupt to attend such meeting.
(G.N.A. 124 of 1955; L.N. 77 of 1998; L.N. 123 of 2007)

101. Notice of meeting to appoint successive trustee
(L.N. 123 of 2007)The trustee shall fix the day for the meeting for the purpose of appointing a successive trustee, when one is to be held, and shall forthwith gazette and advertise the same in one local newspaper if he considers such advertisement desirable. The trustee shall also give notice to the creditors.
(L.N. 77 of 1998; L.N. 123 of 2007)

103. Non-reception of notice by creditor
Where a meeting of creditors is called by notice, the proceedings had and resolutions passed at such meeting shall, unless the court otherwise orders, be valid notwithstanding that some creditors have not received the notice summoning the meeting.
(G.N.A. 124 of 1955)

### Bankruptcy Rules 《破產規則》

105. Proof of notice
A certificate by the Official Receiver or other officer of the court or by the clerk of any such person, or an affidavit by the trustee or his solicitor or the clerk of either of such persons, that the notice of any meeting of creditors or sitting of the court has been duly posted shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed.
(G.N.A. 124 of 1955)

107. Adjournment
Where a meeting of creditors is adjourned, the adjourned meeting shall be held at the same place as the original place of meeting unless in the resolution for adjournment another place is specified.

107A. Resolution passed at adjourned meeting of creditors
Where a resolution is passed at an adjourned meeting of any creditors, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed on any earlier date.
(L.N. 231 of 1984)

108. Quorum
In calculating a quorum of creditors present at a meeting, those persons only who are entitled to vote at the meeting shall be reckoned.

109. Proving debts
(1) A creditor shall prove his debt in the prescribed form which shall be delivered or sent through the post to the trustee and accompanied by the prescribed fee as the case may require.
(2) The trustee may, if he thinks it necessary, require a claim of debt to be verified by affidavit in the prescribed form notwithstanding that a proof of debt has already been lodged.
(3) The affidavit may be sworn before any person authorized to administer oaths or take statutory declarations.
(L.N. 222 of 1992; L.N. 123 of 2007)

110. Employees’ wages
In any case in which it appears from the bankrupt’s statement of affairs that there are numerous claims for wages by employees or others employed by the bankrupt, it shall be sufficient if one proof for all such claims is made either by the bankrupt or by his supervisor or some other person on behalf of all such creditors. Such proof shall have annexed thereto, as forming part thereof, a schedule setting forth the names of the employees or others and the amounts severally due to them. Any proof made in compliance with this rule shall have the same effect as if separate proofs had been made by each of the said employees or others.
(L.N. 77 of 1998)