### Bankruptcy Rules 《破產規則》

40. Disallowance of costs of unnecessary petition
In any case in which, after a bankruptcy petition has been presented by a creditor against a debtor and before the hearing of such petition, the debtor files a petition and a bankruptcy order is made on the petition of the debtor, unless in the opinion of the court the estate has benefited thereby or there are special circumstances which make it just that such costs should be allowed, no costs shall be allowed to the debtor or his solicitor out of the estate.
(L.N. 77 of 1998)

41. Apportionment of costs in case of partnership
In the case of a bankruptcy petition against a partnership, the costs payable out of the estates incurred up to and inclusive of the bankruptcy order shall be apportioned between the joint and separate estates in such proportions as the trustee may in his discretion determine.
(L.N. 77 of 1998; L.N. 123 of 2007)

42. Costs out of joint and separate estates
(1) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred prior to the appointment of the trustee, the Official Receiver may pay or direct the trustee to pay such costs or charges out of the separate estates of such co-debtors, or one or more of them, in such proportions as in his discretion the Official Receiver may think fit. The Official Receiver may also, as in his discretion he may think fit, pay or direct the trustee to pay any costs or charges properly incurred, prior to the appointment of the trustee, for any separate estate out of the joint estate or out of any other separate estate, and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate.
(2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee, the trustee, with such consent as is hereinafter mentioned, may pay such costs or charges out of the separate estates of such co-debtors, or one or more of them. The trustee, with the said consent, may also pay any costs or charges properly incurred for any separate estate, after his appointment, out of the joint estate, and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. No payment under this rule shall be made out of a separate estate or joint estate by a trustee without the consent of the creditors’ committee of the estate out of which the payment is intended to be made, or if such committee withhold or refuse their consent, without an order of the court. (G.N.A. 124 of 1955; L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

44. Form and content of statutory demand
(1) A statutory demand under section 6A of the Ordinance must be dated, and be signed either by the creditor himself or by a person stating himself to be authorized to make the demand on the creditor’s behalf.
(2) The statutory demand must specify whether it is made under section 6A(1) or (2) of the Ordinance.
(3) The statutory demand must state the amount of the debt, and the consideration for it (or, if there is no consideration, the way in which it arises) and—
(a) if made under section 6A(1) of the Ordinance and founded on a judgment or order of a court, it must give details of the judgment or order; or
(b) if made under section 6A(2) of the Ordinance, it must state the grounds on which it is alleged that the debtor appears to have no reasonable prospect of paying the debt.
(4) If the amount claimed in the statutory demand includes—
(a) any charge by way of interest not previously notified to the debtor as a liability of his; or
(b) any other charge accruing from time to time,
the amount or rate of the charge must be separately identified, the grounds on which payment of it is claimed must be stated, and in either case the amount claimed must be limited to that which has accrued due at the date of the demand.
(5) If the creditor holds any security in respect of the debt, the full amount of the debt shall be specified, but—
(a) there shall in the statutory demand be specified the nature of the security, and the value which the creditor puts upon it as at the date of the demand; and
(b) the amount of which payment is claimed by the demand shall be the full amount of the debt, less the amount specified as the value of the security.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

45. Information to be given in statutory demand
(1) The statutory demand must include an explanation to the debtor of the following matters—
(a) the purpose of the demand, and the fact that, if the debtor does not comply with the demand, bankruptcy proceedings may be commenced against him;
(b) the time within which the demand must be complied with, if that consequence is to be avoided;
(c) the methods of compliance which are open to the debtor; and
(d) his right to apply to the court for the demand to be set aside.
(2) The statutory demand must—
(a) specify one or more named individuals with whom the debtor may, if he wishes, enter into communication with a view to securing or compounding for the debt to the satisfaction of the creditor or (as the case may be) establishing to the creditor’s satisfaction that there is a reasonable prospect that the debt will be paid when it falls due; and
(b) in the case of any individual so named in the demand give his address and also his telephone number (if any).
(L.N. 77 of 1998)

46. Requirements as to service
(1) Rule 49 has effect as regards service of the statutory demand, and proof of that service by affidavit to be filed with a bankruptcy petition.
(2) The creditor shall do all that is reasonable for the purpose of bringing the statutory demand to the debtor’s attention and, if practicable in the particular circumstances, to cause personal service of the demand to be effected.
(3) Where the statutory demand is for payment of a sum due under a judgment or order of any court and the creditor knows, or believes with reasonable cause—
(a) that the debtor has absconded or is keeping out of the way with a view to avoiding service; and
(b) there is no real prospect of the sum due being recovered by execution or other process,
the demand may be advertised in one or more newspapers; and the time limited for compliance with the demand runs from the date of the advertisement’s appearance or (as the case may be) its first appearance.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

47. Application to set aside statutory demand
(1) The debtor may, within the period allowed by this rule, apply to the court for an order setting the statutory demand aside.
(2) The period referred to in subrule (1) is 18 days from the date of the service on him of the statutory demand or, where the demand is advertised in a newspaper pursuant to rule 46, from the date of the advertisement’s appearance or (as the case may be) its first appearance. (L.N. 150 of 2014)
(3) Starting with the date on which the application is filed in court, the time limited for compliance with the statutory demand ceases to run, subject to any order of the court under rule 48(7).
(4) The debtor’s application shall be supported by an affidavit—
(a) specifying the date on which the statutory demand came into his hands; and
(b) stating the grounds on which he claims that it should be set aside,
and the affidavit shall have exhibited to it a copy of the statutory demand.
(L.N. 77 of 1998)