### Bankruptcy Ordinance 《破產條例》

79B. Corrupt inducement affecting appointment as trustee
Any person who gives or agrees or offers to give to any creditor of a debtor or bankrupt any valuable consideration with a view to securing his own appointment or nomination, or to securing or preventing the appointment or nomination of some person other than himself, as the trustee shall be liable to a fine at level 2.
(Added 47 of 1984 s. 11. Amended E.R. 3 of 2021)

80. Power to appoint joint or successive trustees and provisional trustees
(1) When 2 or more persons are appointed as provisional trustees, the appointment shall state whether any act required or authorized to be done by a provisional trustee is to be done by all or any one or more of such persons, but all such persons are in this Ordinance included under the term provisional trustee

81. Proceedings in case of vacancy in office of trustee
(1) If a vacancy occurs in the office of a trustee the creditors in general meeting may appoint a person to fill the vacancy and thereupon the same proceedings shall be taken as in the case of a first appointment. (Amended E.R. 1 of 2019)
(2) The Official Receiver shall, on the requisition of any creditor, summon a meeting for the purpose of filling any such vacancy.
(3) If the creditors do not within 3 weeks after the occurrence of a vacancy appoint a person to fill the vacancy, the Official Receiver shall report the matter to the court, and the court may appoint a trustee.
(4) During any vacancy in the office of trustee the Official Receiver shall act as trustee.
[cf. 1914 c. 59 s. 78 U.K.]

81A. Vacancy in office of provisional trustee
(1) If a vacancy occurs in the office of a provisional trustee, the Official Receiver shall—
(a) in a case where the Official Receiver considers that the value of the property of the bankrupt is unlikely to exceed $200,000, either appoint another person to fill the vacancy or act as the provisional trustee; or
(b) in any other case, act as the provisional trustee.
(2) The power of the Official Receiver to appoint another person to fill a vacancy may be exercised without a creditors’ meeting, and it includes power to appoint 2 or more persons as joint provisional trustees; but such an appointment must make provision as to the circumstances in which the provisional trustees must act together and the circumstances in which one or more of them may act for the others.
(Added 18 of 2005 s. 25)

### Bankruptcy Ordinance 《破產條例》

82. Discretionary powers of trustee and control thereof
(1) Subject to the provisions of this Ordinance, the trustee shall, in the administration of the property of the bankrupt and in the distribution thereof amongst his creditors, have regard to any directions that may be given by resolution of the creditors at any general meeting or by the creditors’ committee, and any directions so given by the creditors at any general meeting shall, in case of conflict, be deemed to override any directions given by the creditors’ committee. (Amended 76 of 1996 s. 74)
(2)  The trustee may from time to time summon general meetings of the creditors for the purpose of ascertaining their wishes, and it shall be his duty to summon meetings at such times as the creditors, by resolution, either at the meeting appointing the trustee or otherwise may direct, and it shall be lawful for any creditor, with the concurrence of one-fourth in value of the creditors (including himself), at any time to request the trustee to call a meeting of the creditors, and the trustee shall call such meeting accordingly within 14 days:
Provided that the person at whose instance the meeting is summoned shall, if so required, deposit with the trustee a sum sufficient to pay the costs of summoning the meeting, such sum to be repaid to him out of the estate if the court so directs. (Amended 18 of 2005 s. 26) 
(3) The trustee may apply to the court in manner prescribed for directions in relation to any particular matter arising under the bankruptcy.
(4) Subject to the provisions of this Ordinance the trustee shall use his discretion in the management of the estate and its distribution among the creditors.
[cf. 1914 c. 59 s. 79 U.K.]

83. Appeal to court against trustee
If the bankrupt or any of the creditors or any other person is aggrieved by any act or decision of the trustee, he may apply to the court, and the court may confirm, reverse or modify the act or decision complained of, and make such order in the premises as it thinks just.
[cf. 1914 c. 59 s. 80 U.K.]

### Bankruptcy Ordinance 《破產條例》

84. Control of court over trustee
(1) The court shall take cognizance of the conduct of trustees, who shall act in a fiduciary capacity and deal with property under their control honestly, in good faith, with proper skill and competence and in a reasonable manner, and in the event of any trustee not faithfully performing his duties and duly observing all the requirements imposed on him by Ordinance, rules or otherwise with respect to the performance of his duties, or in the event of any complaint being made to the court by any creditor, the Official Receiver, the bankrupt or any other person in regard thereto by notice duly served on the trustee at least 8 clear days before the date of hearing, the court shall inquire into the matter and take such action thereon as may be deemed expedient. (Amended 76 of 1996 s. 46)
(1A) Without limiting the generality of the duties imposed on a trustee by subsection (1), in realizing the assets of a bankrupt’s estate it shall be the duty of a trustee to take all reasonable care to realize the best price reasonably obtainable in the circumstances. (Added 76 of 1996 s. 46)
(2) The court may either of its own motion or on the application of the Official Receiver at any time require any trustee to answer any inquiry made by it or him in relation to any bankruptcy in which the trustee is engaged and may examine on oath the trustee or any other person concerning the bankruptcy.
(3) The court may also direct an investigation to be made of the books and vouchers of the trustee.
(4) Where on an application under this section the court is satisfied—
(a) that the trustee has misapplied or retained, or become accountable for, any money or other property comprised in the bankrupt’s estate; or
(b) that a bankrupt’s estate has suffered any loss in consequence of any misfeasance or breach of fiduciary or other duty by a trustee in the carrying out of his functions,
the court may order the trustee, for the benefit of the estate, to repay, restore or account for money or other property (together with interest at such rate as the court thinks just) or, as the case may require, to pay such sum by way of compensation in respect of the misfeasance or breach of fiduciary or other duty as the court thinks just, and liability under this section is without prejudice to any liability arising apart from this section. (Added 76 of 1996 s. 46)
[cf. 1914 c. 59 s. 81 U.K.]