### Bankruptcy Ordinance 《破產條例》

122. Computation of time
(1) Where by this Ordinance any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day; and the act or proceeding shall be done or taken at latest on the last day of that limited time as so computed.
(2) If the limited time is less than 6 days, a specified day is not to be reckoned in the computation of the limited time. (Replaced 18 of 2016 s. 9)
(3) If the limited time expires on a specified day, the act or proceeding is considered as done or taken in due time if it is done or taken on the next following day, not being a specified day. (Replaced 18 of 2016 s. 9)
(3A) In this section—

specified day (指明日子) means—
(a) a Saturday;
(b) a general holiday;
(c) a gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1);
(d) a black rainstorm warning day as defined by that section; or
(e) (if the act or proceeding in question is required to be done or taken at an office of the court) another day on which the office is closed. (Added 18 of 2016 s. 9)

(4) The provisions of this section shall take effect notwithstanding anything contained in sections 29, 30 and 31 of the High Court Ordinance (Cap. 4). (Amended 92 of 1975 s. 58; 25 of 1998 s. 2)
[cf. 1914 c. 59 s. 145 U.K.]

### Bankruptcy Ordinance 《破產條例》

122A. Official Receiver may specify forms
(1) The Official Receiver may specify a form for use in relation to any purpose of this Ordinance.
(2) A form specified under subsection (1) for use in relation to a purpose may contain a requirement for the provision of any particulars ancillary or incidental to that purpose.
(3) Despite subsection (1), the Official Receiver may not specify a form for use in relation to a purpose if—
(a) this Ordinance provides otherwise;
(b) this Ordinance requires, or provides for, the use of a prescribed form (whether or not a form is prescribed) for that purpose; or
(c) a form is prescribed for that purpose.
(4) In exercising, as regards any purpose of this Ordinance, the power conferred under subsection (1), the Official Receiver may, if the Official Receiver thinks fit, specify more than one form to be used in relation to that purpose, whether as alternatives or to provide for different circumstances.
(Added 22 of 2023 s. 8)

### Bankruptcy Ordinance 《破產條例》

122C. Circumstances in which documents are to be regarded as not having been sent
(1) This section applies if the Official Receiver is of the opinion that, in relation to a document sent to the Official Receiver—
(a) the requirements of this Ordinance regarding the form of the document (including a requirement contained in the form for the provision of any particulars) are not complied with;
(b) the requirements specified in relation to the document under section 122B are not complied with; or
(c) the requirements otherwise prescribed in relation to the document are not complied with.
(2) The document is to be regarded as not having been sent to the Official Receiver in satisfaction of the provision of this Ordinance that requires or authorizes the document to be sent to the Official Receiver.
(3) For the purposes of this section, a reference to sending a document includes any other expression that signifies conveying a document.
(4) In subsection (1)—
prescribed (訂明) means prescribed by this Ordinance or general rules within the meaning of this Ordinance.
(Added 22 of 2023 s. 8)

123. Service of notices
All notices and other documents for the service of which no special mode is directed may be sent by post to the last known address of the person to be served therewith.
[cf. 1914 c. 59 s. 146 U.K.]

124. Formal defect not to invalidate proceedings
(1) No proceeding in bankruptcy shall be invalidated by any formal defect or by any irregularity unless the court is of opinion that substantial injustice has been caused by the defect or irregularity and that the injustice cannot be remedied by any order of the court.
(2) No defect or irregularity in the appointment or election of a trustee or member of a creditors’ committee shall vitiate any act done by him in good faith. (Amended 76 of 1996 s. 74; 18 of 2005 s. 44)
[cf. 1914 c. 59 s. 147 U.K.]

125. Exemption of documents from stamp duty
(1) Stamp duty shall not be payable in respect of—
(a) any assurance relating solely to immovable property or personal property which is part of the estate of any bankrupt, and which, after the execution of the assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy; or
(b) any other instrument relating solely to the property of any bankrupt.
(2) In this section assurance (轉易書) includes deed, conveyance, assignment and surrender.
(Replaced 31 of 1981 s. 65)

### Bankruptcy Ordinance 《破產條例》

126. Acting of corporations, partners, etc.
For all or any of the purposes of this Ordinance a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members and a lunatic may act by his committee or curator bonis.
[cf. 1914 c. 59 s. 149 U.K.]

127. Certain provisions to bind Government
(Amended 22 of 2023 s. 86)Save as provided in this Ordinance, the provisions of this Ordinance relating to the remedies against the property of a bankrupt, the priorities of debts, the effect of a voluntary arrangement, and the effect of a discharge, shall bind the Government.
(Amended 76 of 1996 ss. 61 & 72; 22 of 2023 s. 86)[cf. 1914 c. 59 s. 151 U.K.]

### Bankruptcy Ordinance 《破產條例》

128A. Deposit of surplus cash balances
(1) Whenever the cash balance standing to the credit of—
(a) the Bankruptcy Estates Account referred to in section 128; or
(b) any account operated by the Official Receiver under section 9l,
is in excess of the amount which, in the opinion of the Official Receiver, is required for the time being to answer demands in respect of debtor’s estates, the Official Receiver may deposit the whole or any part of that excess with a bank. (Amended 47 of 1984 s. 15)
(2) The Official Receiver shall on or after 31 March in each year transfer to the general revenue any interest paid in respect of deposits under subsection (1).
(Added 65 of 1976 s. 5)