### Bankruptcy Rules 《破產規則》

57. Who to verify
When the petitioning creditor cannot himself verify all the statements contained in his petition, he shall file in support of the petition the affidavit of some person who can depose to them.

58. Joint petitioners
Where a petition is presented by 2 or more creditors jointly, it shall not be necessary for each creditor to depose to the truth of all the statements which are within his own knowledge, but it shall be sufficient that each statement in the petition is deposed to by someone within whose knowledge it is.

59. Service
(1) Service of a creditor’s petition shall be effected by the creditor or his solicitor, or a person in their employment, delivering a sealed copy of the petition to the debtor.
(2) If the court is satisfied by affidavit or other evidence on oath that prompt personal service cannot be effected because the debtor is evading service of the petition or any other legal process, or for any other cause, it may order substituted service to be effected in such manner as it thinks fit.
(3) Where an order under subrule (2) has been carried out, the petition shall be deemed to have been duly served on the debtor. (L.N. 150 of 2014)
(L.N. 194 of 1987)

60. Death of debtor before service of petition
If a debtor against whom a bankruptcy petition has been filed dies before service thereof, the court may order service to be effected on the personal representatives of the debtor or on the Official Administrator or on such other persons as the court may think fit.

61. Form and contents of order
Where an order is made appointing the Official Receiver to be interim trustee of the property of the debtor, such order shall state the nature and, so far as it is known, the locality of the property of which the Official Receiver is ordered to take possession.
(L.N. 123 of 2007)

62. Deposit
Before any such order is made, the person who has made the application therefor shall deposit with the Official Receiver the sum of $3,000 towards the prescribed fee for the Official Receiver, and such further sum as the court directs for the expenses which may be incurred by him.
(L.N. 46 of 1964; L.N. 143 of 1985; L.N. 429 of 1993)

### Bankruptcy Rules 《破產規則》

63. Further deposit necessary
If the sum of $3,000, and such further sum so to be deposited for the expenses which may be incurred by the Official Receiver, proves to be insufficient, the person on whose application the order has been made shall from time to time deposit with the Official Receiver such additional sum as the court may, on the application of the Official Receiver, from time to time direct, and such sum shall be deposited within 48 hours after the making of a written request therefor. If such additional sum be not so deposited, the order appointing the interim trustee may be discharged by the court.
(G.N.A. 124 of 1955; L.N. 46 of 1964; L.N. 143 of 1985; 80 of 1997 s. 102; L.N. 123 of 2007)

64. Repayment of deposit
If an order appointing an interim trustee is followed by a bankruptcy order, the deposits made by the creditor on whose application such interim trustee was appointed shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable and the expenses incurred by the interim trustee) out of the proceeds of the estate in the order of priority prescribed by the Ordinance.
(L.N. 77 of 1998; L.N. 123 of 2007)[cf. Cap. 6 s. 37]

65. Damages if petition dismissed
Where, after an order has been made appointing an interim trustee, the petition is dismissed, the court shall, upon application to be made within 21 days from the date of the dismissal thereof, adjudicate with respect to any damages or claim thereto arising out of the appointment and shall make such order as the court thinks fit, and such decision or order shall be final and conclusive between the parties.
(L.N. 123 of 2007)

66. Time of hearing
The Registrar shall appoint the time and place at which the petition will be heard and notice thereof shall be written on the petition and sealed copy. Where the petition has not been served, the Registrar may appoint another time and place for such hearing.
(L.N. 123 of 2007)

67. Several respondents
Where there are more respondents than one to a petition, the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served the petition may be heard separately or collectively as to the respondent or such of the respondents as has or have been served, and separately or collectively as to the respondents not then served according as service upon them is effected.

### Bankruptcy Rules 《破產規則》

68. Debtor intending to show cause
Where a debtor intends to show cause against a petition, he shall file a notice with the Official Receiver specifying the grounds on which he intends to show cause, and shall post to the petitioning creditor or to his solicitor a copy of the notice, in each case 3 days before the day on which the petition is to be heard.

69. Non-appearance of debtor
If the debtor does not appear at the hearing, the court may on hearing the petitioning creditor and the Official Receiver either dismiss the petition or make a bankruptcy order on such proof of the statements in the petition and of the amount of assets and liabilities as the court thinks sufficient.
(L.N. 77 of 1998)

70. Hearing of petition
On the hearing of the petition, the amount of assets and liabilities, and in the case of a creditor’s petition any matters which the debtor has given notice that he intends to dispute, shall be proved.

71. Non-appearance of creditor
If any creditor neglects to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person, shall without the leave of the court be presented by the same creditor in respect of the same debt.
(L.N. 77 of 1998)

72. Application to withdraw petition
No application to withdraw a petition shall be heard except upon proof that notice of the intended application and a copy of the affidavits in support thereof have been duly served upon the Official Receiver not less than 7 days before the day named in the notice for hearing the application.

72A. Drawing up and contents of bankruptcy order
(1) It shall be the duty of the petitioner, or his solicitor, and of all other persons who have appeared on the hearing of the petition, at latest on the day following the day on which a bankruptcy order is pronounced in court, to leave with the Registrar a draft of the order and all other documents required for the purpose of enabling the Registrar to complete the order forthwith.
(2) It shall not be necessary for the Registrar to make an appointment to settle an order unless in any particular case the special circumstances make an appointment necessary.
(3) A bankruptcy order, or an order for the appointment of an interim trustee shall contain at the foot thereof a notice stating that it will be the duty of the petitioner or the debtor to attend on the interim trustee, provisional trustee or trustee, as the case may be, at such time and place as he may appoint and to give him all information he may require. (L.N. 123 of 2007)
(L.N. 272 of 1977; L.N. 77 of 1998)