### Bankruptcy Rules 《破產規則》

122F. Hearing of application
(1) Any of the persons who have been given notice under rule 122E(4) may appear or be represented at the hearing of the application.
(2) The court, in deciding whether to make an interim order on the application, shall take into account any representations made by or on behalf of any of those persons (in particular, whether an order should be made containing such provision as is referred to in section 20C(3) and (4) of the Ordinance).
(3) If the court makes an interim order, it shall fix the date, time and place for consideration of the nominee’s report, but, subject to subrule (4), the date for that consideration shall be not later than that on which the interim order ceases to have effect under section 20C(6) of the Ordinance. (L.N. 150 of 2014)
(4) If under section 20D(4) of the Ordinance an extension of time is granted for filing the nominee’s report, the court shall, unless there appear to be good reasons against it, correspondingly extend the period for which the interim order has effect.
(L.N. 77 of 1998)

122G. Action to follow making of order
(1) Where an interim order is made, the applicant shall serve one of the copies on the nominee under the debtor’s proposal and one on the Official Receiver if he is not the nominee.
(2) The applicant shall also forthwith give notice of the making of the order to any person who was given notice of the hearing pursuant to rule 122E(4) and was not present or represented at it.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

122H. Statement of affairs
(1) In Case 1, if the debtor has already delivered a statement of affairs under section 10 or 18 of the Ordinance, he need not deliver a further statement unless so required by the nominee, with a view to supplementing or amplifying the former one.
(2) In Case 2, the debtor shall, within 7 days after his proposal is delivered to the nominee, or within such longer time as the latter may allow, deliver to the nominee a statement of his (the debtor’s) affairs.
(3) The statement of affairs shall comprise the following particulars (supplementing or amplifying, so far as is necessary for clarifying the state of the debtor’s affairs, those already given in his proposal)—
(a) a list of his assets, divided into such categories as are appropriate for easy identification, with estimated values assigned to each category and the basis of the estimates;
(b) in the case of any property on which a claim against the debtor is wholly or partly secured, particulars of the claim and its amount, and of how and when the security was created;
(c) the names and addresses of the creditors of the debtor in respect of debts that are given priority under section 38 of the Ordinance, with the amounts of their respective claims;
(d) the names and addresses of the debtor’s unsecured creditors, with the amounts of their respective claims;
(e) particulars of any debts owed by or to the debtor to or by persons who are associates of his;
(f) such other particulars (if any) as the nominee may in writing require to be furnished for the purpose of making his report to the court on the debtor’s proposal.
(4) The statement of affairs shall be made up to a date not earlier than 2 weeks before the date of the notice to the nominee under rule 122D, but the nominee may allow an extension of that period to the nearest practicable date (not earlier than 2 months before the date of the notice under rule 122D) and, if he does so, he shall give his reasons in his report to the court on the debtor’s proposal.
(5) The statement of affairs shall be certified by the debtor as correct, to the best of his knowledge and belief.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

122I. Additional disclosure for assistance of nominee
(1) If it appears to the nominee that he cannot properly prepare his report on the basis of information in the debtor’s proposal and statement of affairs, he may call on the debtor to provide him with—
(a) further and better particulars as to the circumstances in which, and the reasons why, he is insolvent or (as the case may be) threatened with insolvency;
(b) particulars of any previous proposals which have been made by him;
(c) any further information with respect to his affairs which the nominee thinks necessary for the purposes of his report.
(2) The nominee may call on the debtor to inform him whether and in what circumstances he has at any time—
(a) been concerned in the affairs of any company (whether or not incorporated in Hong Kong) which has become insolvent;
(b) been adjudged bankrupt or entered into an arrangement with his creditors, whether in Hong Kong or elsewhere; or
(c) been prohibited by operation of law or otherwise disqualified from taking part in the management of a company.
(3) For the purpose of enabling the nominee to consider the debtor’s proposal and prepare his report on it, the latter must give him access to his accounts and records.
(L.N. 77 of 1998)

122J. Nominee’s report on proposal
(1) The nominee’s report shall be delivered by him to the court not less than 3 days before the interim order ceases to have effect.
(2) With his report the nominee shall deliver—
(a) a copy of the debtor’s proposal (with amendments, if any, authorized under rule 122C(3)); and
(b) a copy or summary of any statement of affairs provided by the debtor.
(3) If the nominee makes known his opinion that a meeting of the debtor’s creditors should be summoned under section 20E of the Ordinance, his report shall have annexed to it his comments on the debtor’s proposal but, if his opinion is otherwise, he shall give his reasons for that opinion.
(4) The court shall cause the nominee’s report to be endorsed with the date on which it is filed in court, and any creditor of the debtor is entitled, at all reasonable times on any business day, to inspect the file.
(5) In Case 1, the nominee shall send to the trustee (if any)— (L.N. 123 of 2007)
(a) a copy of the debtor’s proposal;
(b) a copy of his (the nominee’s) report and his comments accompanying it (if any); and
(c) a copy or summary of the debtor’s statement of affairs,
and, in Case 2, the nominee shall send a copy of each of those documents to any person who has presented a bankruptcy petition against the debtor.
(L.N. 77 of 1998)