### Bankruptcy Ordinance 《破產條例》

93. Audit of trustee’s accounts
(1) A trustee other than the Official Receiver shall keep an account of his receipts and payments as such trustee. (Replaced 18 of 2005 s. 34)
(1A) The Official Receiver may at any time require the trustee to provide him with the account, and the trustee shall comply with the requirement within the specified time. (Added 18 of 2005 s. 34)
(2) The account shall be in a prescribed form, shall be made in duplicate and shall be verified by an affidavit in the prescribed form. (Amended 13 of 1966 Schedule)
(3) The trustee shall provide the Official Receiver with such vouchers and information relating to the account as he requires, and the Official Receiver may at any time require the production of, and inspect, any books or accounts kept by the trustee. (Replaced 39 of 1987 s. 3. Amended 18 of 2005 s. 34)
(3A) The Official Receiver may at any time cause the account to be audited. (Added 39 of 1987 s. 3)
(4) When any such account has been audited (or, as the case may be, forthwith if the Official Receiver decides that the account need not be audited) one copy thereof shall be filed and kept by the Official Receiver, and the other copy shall be delivered to the court for filing, and each copy shall be open on payment of the prescribed fee to the inspection of any creditor or of the bankrupt or of any person interested. (Amended 39 of 1987 s. 3)
(4A) Notwithstanding the fact that unaudited copies of an account have already been filed, the Official Receiver may subsequently cause that account to be audited, and in that event a copy of the audited account shall be filed and kept by the Official Receiver, and a further copy shall be delivered to the court for filing, and each copy shall be open, upon payment of the prescribed fee, to the inspection of any creditor or of the bankrupt or of any person interested. (Added 39 of 1987 s. 3)
(5) The court may if it so desires examine the trustee and, after hearing the explanation, if any, of the trustee, make such order as it may think just for compelling the trustee to make good any loss to the estate which may appear to the court to have been occasioned by any misfeasance, neglect or improper conduct or omission of the trustee. (Amended 39 of 1987 s. 3)
[cf. 1914 c. 59 s. 92 U.K.]

### Bankruptcy Ordinance 《破產條例》

94. Release of trustee
(1) When the trustee has realized all the property of the bankrupt or so much thereof as can, in his opinion, be realized without needlessly protracting the trusteeship, and distributed a final dividend, if any, or has ceased to act by reason of a voluntary arrangement having been approved, or has resigned or has been removed from his office, he shall apply to the court for his release, and if all the requirements of the court with respect to accounts and with respect to any order of the court against the trustee have been fulfilled, the court may make an order for release accordingly. (Amended 76 of 1996 s. 49)
(2) Where the release of a trustee is withheld the court may, on the application of any creditor or person interested, make such order as it thinks just, charging the trustee with the consequences of any act or default he may have done or made contrary to his duty.
(3) An order of the court releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(4) The provisions of subsections (1), (2) and (3) shall apply to the Official Receiver when he is or is acting as trustee, and when the Official Receiver has been released under this section or any previous similar enactment he shall continue to act as trustee for any subsequent purposes of the administration of the bankrupt’s estate but no liability shall attach to him personally by reason of his so continuing in respect of any act done, default made or liability incurred before his release. (Amended 76 of 1996 s. 72)
(5) Where the trustee has not previously resigned or been removed, his release shall operate as a removal of him from his office, and thereupon the Official Receiver shall be the trustee.
(6) Where on the release of a trustee the Official Receiver is or is acting as trustee, no liability shall attach to him personally in respect of any act done or default made or liability incurred by any prior trustee.
[cf. 1914 c. 59 s. 93 U.K.]

95. Office of trustee vacated by insolvency
If a bankruptcy order is made against a trustee he shall thereby vacate his office of trustee.
(Amended 76 of 1996 s. 73)[cf. 1914 c. 59 s. 94 U.K.]

### Bankruptcy Ordinance 《破產條例》

96. Removal of trustee
(1) The creditors may by ordinary resolution, at a meeting specially called for that purpose of which 7 days’ notice has been given, remove a trustee, other than the Official Receiver, appointed by them, and may at the same or any subsequent meeting appoint another person to fill the vacancy as provided in case of a vacancy in the office of trustee.
(2) If the court is of opinion—
(a) that a trustee, other than the Official Receiver, is guilty of misconduct or fails to perform his duties under this Ordinance; or (Amended 18 of 2005 s. 35)
(b) that his trusteeship is being needlessly protracted without any probable advantage to the creditors; or
(c) that he is by reason of lunacy or continued sickness or absence incapable of performing his duties; or
(d) that his connexion with or relation to the bankrupt or his estate or any particular creditor might make it difficult for him to act with impartiality in the interest of the creditors generally; or
(e) that the interests of the creditors require it,
the court may remove him from his office and appoint another person in his place.
[cf. 1914 c. 59 s. 95 U.K.]

97. General power of court
(1) Subject to the provisions of this Ordinance, the court shall have full power to decide all questions of priorities and all other questions whatsoever, whether of law or fact, which may arise in any case of bankruptcy coming within the cognizance of the court or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
(2) (Repealed 76 of 1996 s. 50)[cf. 1914 c. 59 s. 105 U.K.]