### Bankruptcy Rules 《破產規則》

203. Non-compliance with rules
Non-compliance with any of these rules, or with any rule of practice for the time being in force, shall not render any proceeding void unless the court so directs, but such proceeding may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and upon such terms as the court may think fit.
(G.N.A. 124 of 1955)

204. Abridgment or enlargement of time
The court may, under special circumstances and for good cause shown, extend or abridge the time appointed by these rules or fixed by any order of the court for doing any act or taking any proceeding.

205. Official Administrator
For the purposes of rules 60, 147 and 148 and section 112 of the Ordinance, the Official Administrator shall be the Official Administrator as provided for in the Probate and Administration Ordinance (Cap. 10).
(L.N. 77 of 1998) 

### Bankruptcy (Forms) Rules 《破產(表格)規則》

1. Citation
These rules may be cited as the Bankruptcy (Forms) Rules.

2. Use of forms in Schedule
(1) Subject to the provisions of paragraph (2), the forms in the Schedule where applicable, and where they are not applicable forms of the like character, with such variations as circumstances may require, shall be used. Where such forms are applicable, any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same, unless the court otherwise directs.
(2) The Chief Justice may from time to time amend any form in the Schedule or prescribe any new form. Where the Chief Justice amends any form or prescribes any new form, such amended or new form shall be published in the Gazette.

### Bankruptcy Ordinance 《破產條例》

1. Short title
This Ordinance may be cited as the Bankruptcy Ordinance.

### Bankruptcy Ordinance 《破產條例》

2A. Specified means
(1) For the purposes of this Ordinance, a notice, an order or a matter is published or given by the specified means if it is published in a medium specified in Schedule 4.
(2) The Secretary for Financial Services and the Treasury may, by notice published in the Gazette—
(a) add a medium to Schedule 4;
(b) delete a medium from that Schedule; or
(c) otherwise amend that Schedule.
(3) In exercising the power under subsection (2)(a), the Secretary for Financial Services and the Treasury may add more than one medium.
(Added 22 of 2023 s. 28)

3. Who may present a bankruptcy petition
(1) A petition for a bankruptcy order to be made against a debtor may be presented to the court—
(a) by one of the debtor’s creditors or jointly by more than one of them;
(b) by the debtor himself;
(c) by the nominee of, or any person (other than the debtor) who is for the time being bound by, a voluntary arrangement proposed by the debtor and approved by his creditors; or
(d) where a criminal bankruptcy order has been made against the debtor, by the Official Petitioner.
(2) Subject to the following provisions of this Part, the court may make a bankruptcy order on any such petition.
(Replaced 76 of 1996 s. 4)

4. Conditions to be satisfied in respect of debtor
(1) A bankruptcy petition shall not be presented to the court under section 3(1)(a) or (b) unless the debtor—
(a) is domiciled in Hong Kong;
(b) is personally present in Hong Kong on the day on which the petition is presented; or
(c) at any time in the period of 3 years ending with that day—
(i) has been ordinarily resident, or has had a place of residence, in Hong Kong; or
(ii) has carried on business in Hong Kong.
(2) The reference in subsection (1)(c) to a debtor carrying on business includes—
(a) the carrying on of business by a firm or partnership of which the debtor is a member; and
(b) the carrying on of business by an agent or manager for the debtor or for such a firm or partnership.
(Replaced 76 of 1996 s. 4)

### Bankruptcy Ordinance 《破產條例》

5. Other preliminary conditions
(1) Where a bankruptcy petition relating to a debtor is presented by a person who is entitled to present a petition under 2 or more paragraphs of section 3(1), the petition is to be treated for the purposes of this Part as a petition under whichever of those paragraphs is specified in the petition.
(2) A bankruptcy petition shall not be withdrawn without the leave of the court.
(3) The court has a general power, if it appears to it appropriate to do so on the grounds that there has been a contravention of rules or for any other reason, to dismiss a bankruptcy petition or to stay such a petition and, where it stays such a petition, it may do so on such terms and conditions as it thinks fit.
(4) Without prejudice to subsection (3), where a petition under section 3(1)(a), (b) or (c) in respect of a debtor is pending at a time when a criminal bankruptcy order is made against him, or is presented after such an order has been so made, the court may on the application of the Official Receiver dismiss the petition if it appears to it appropriate to do so.
(Replaced 76 of 1996 s. 4)

### Bankruptcy Ordinance 《破產條例》

6. Grounds of creditor’s petition
(1) A creditor’s petition must be in respect of one or more debts owed by the debtor, and the petitioning creditor or each of the petitioning creditors must be a person to whom the debt or (as the case may be) at least one of the debts is owed.
(2) Subject to sections 6A to 6C, a creditor’s petition may be presented to the court in respect of a debt or debts if, but only if, at the time the petition is presented—
(a) the amount of the debt, or the aggregate amount of the debts, is equal to or exceeds $10,000 or a prescribed amount;
(b) the debt, or each of the debts, is for a liquidated sum payable to the petitioning creditor, or one or more of the petitioning creditors, either immediately or at some certain, future time, and is unsecured;
(c) the debt, or each of the debts, is a debt which the debtor appears either to be unable to pay or to have no reasonable prospect of being able to pay; and
(d) there is no outstanding application to set aside a statutory demand served under section 6A in respect of the debt or any of the debts.
(3) A debt is not to be regarded for the purposes of subsection (2) as a debt for a liquidated sum by reason only that the amount of the debt is specified in a criminal bankruptcy order.
(4) Notwithstanding subsection (2)(c) and (d), a creditor’s petition may be presented if there are reasonable grounds for believing that the debtor intends to depart, or has departed, from Hong Kong and the debtor knows or ought reasonably to know that his departure would result in defeat or delay for his creditors, and this subsection applies irrespective of the reason for his departure.
(5) The Financial Secretary may, by regulation, prescribe an amount greater than $10,000 for the purposes of subsection (2)(a).
(Replaced 76 of 1996 s. 4)