### Bankruptcy Rules 《破產規則》

171. Delivery of books, etc., on release of trustee
The release of a trustee shall not take effect unless and until he has duly delivered over all the books, papers, documents and accounts which by these rules he is required to deliver over on his release.

172. Meeting to consider removal of trustee
Where one-fourth in value of the creditors desire that a general meeting of the creditors may be summoned to consider the propriety of removing the trustee, such meeting may be summoned by a member of the creditors’ committee, or by the Official Receiver, on the deposit of a sum sufficient to defray the expenses of summoning such meeting.
(L.N. 77 of 1998)

173. Bank account
The trustee shall forthwith pay all moneys received by him as trustee to the credit of the bank account in the name of the debtor’s estate opened by him in pursuance of the provisions of section 91(1) of the Ordinance. All payments out shall be made by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the estate and shall be signed by the trustee.
(G.N.A. 124 of 1955; L.N. 77 of 1998)

174. Application for directions
Where a trustee applies to the court for directions in any matter, he shall file an application, and the court shall then hear the application, or fix a day for hearing it, and direct the trustee to apply by motion.
(G.N.A. 124 of 1955)

175. Creditor may obtain copy of trustee’s accounts
Any creditor who has proved his debt may apply to the trustee for a copy of the accounts (or any part thereof) relating to the estate as shown by the cash book up to date, and on paying for the same at the rate of $20 per folio he shall be entitled to have such copy accordingly.
(G.N.A. 124 of 1955; L.N. 77 of 1998)

176. Statements of accounts to be provided to creditors
(L.N. 123 of 2007)Where in pursuance of section 88 of the Ordinance the trustee is required to provide the creditors with a statement of the accounts, the cost of providing such statement shall be calculated at the rate of $20 per folio for each statement.
(G.N.A. 124 of 1955; L.N. 77 of 1998; L.N. 123 of 2007)

### Bankruptcy Rules 《破產規則》

177. Dealings by committee-members and others
(1) This rule applies to—
(a) any member of the creditors’ committee;
(b) any committee-member’s representative;
(c) any person who is an associate of a member of the committee or of a committee-member’s representative;
(d) any person who has been a member of the committee at any time in the last 12 months; and
(e) the trustee.
(2) Subject as follows, a person to whom this rule applies shall not enter into any transaction whereby he—
(a) receives out of the estate any payment for services given or goods supplied in connection with the estate’s administration;
(b) obtains any profit from the administration; or
(c) acquires any asset forming part of the estate.
(3) Such a transaction may be entered into by a person to whom this rule applies—
(a) with the prior leave of the court;
(b) if he does so as a matter of urgency, or by way of performance of a contract in force before the commencement of the bankruptcy, and obtains the court’s leave for the transaction, having applied for it without undue delay; or
(c) with the prior sanction of the creditors’ committee, where it is satisfied (after full disclosure of the circumstances) that the person will be giving full value in the transaction.
(4) Where in the committee a resolution is proposed that sanction be accorded for a transaction to be entered into which, without the sanction or the leave of the court, would be in contravention of this rule, no member of the committee, and no representative of a member, shall vote if he is to participate directly or indirectly in the transaction.
(5) The court may, on application of any person interested—
(a) set aside a transaction on the ground that it has been entered into in contravention of this rule; and
(b) make with respect to it such other order as it thinks fit, including (subject to the following subrule) an order requiring a person to whom this rule applies to account for any profit obtained from the transaction and compensate the estate for any resultant loss. (L.N. 150 of 2014)
(6) In the case of a person to whom this rule applies as an associate of a member of the committee or of a committee-member’s representative, the court shall not make any order under subrule (5), if satisfied that he entered into the relevant transaction without having any reason to suppose that in doing so he would contravene this rule. (L.N. 150 of 2014)
(7) The costs of an application to the court for leave under this rule do not fall on the estate, unless the court so orders.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

179. Discharge of costs, etc., before estate handed over to trustee
(1) Where a bankruptcy order is made against a debtor and a trustee is appointed, the provisional trustee shall forthwith put the trustee into possession of all property of the bankrupt of which the provisional trustee may be possessed; provided that such trustee has, before the estate is handed over to him by the provisional trustee, discharged any balance due to the Official Receiver and provisional trustee on account of fees, costs and charges properly incurred by them and payable under the Ordinance, and on account of all advances properly made by them in respect of the estate, together with interest on such advances at the rate of 8 per cent per annum, and has discharged or undertaken to discharge all guarantees which have been given by the Official Receiver or provisional trustee for the benefit of the estate; and the trustee shall pay all fees, costs and charges of the Official Receiver and provisional trustee which may not have been discharged by the trustee before being put into possession of the property of the bankrupt and whether incurred before or after he has been put into such possession. (L.N. 77 of 1998)
(2) The Official Receiver and provisional trustee shall be deemed to have a lien upon the estate until such balance has been paid and such guarantees and other liabilities have been discharged.
(3) It shall be the duty of the provisional trustee, if so requested by the trustee, to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be necessary or conducive to the due discharge of the duties of the trustee.
(L.N. 123 of 2007)

180. Meetings of creditors to consider conduct of trustee
Where the Official Receiver is of opinion that any act done by a trustee or any resolution passed by a creditors’ committee should be brought to the notice of the creditors, for the purpose of being reviewed or otherwise, the Official Receiver may summon a meeting of creditors accordingly to consider the same, and the expense of summoning such meeting shall be paid by the trustee out of any available assets under his control.
(L.N. 77 of 1998)

182. Accounts
Every special manager shall account to the trustee, and such special manager’s accounts shall be verified by affidavit in the prescribed form, and, when approved by the trustee, the totals of the receipts and payments shall be added to the trustee’s accounts.
(G.N.A. 124 of 1955; L.N. 123 of 2007)