### Bankruptcy Rules 《破產規則》

89A. Application for non-commencement order
(1) On an application for a non-commencement order against a bankrupt—
(a) (if the application is made by the Official Receiver as trustee) the Official Receiver must, with the application, file in court a report setting out the matters mentioned in subrule (2); or
(b) (if the application is made by a trustee other than the Official Receiver) the trustee must, with the application, file in court an affidavit setting out the matters mentioned in subrule (2).
(2) The matters are that—
(a) the reasons why it appears to the trustee that the order should be made;
(b) (if the application is based on the matter referred to in section 30AB(1)(b)(i) of the Ordinance) the particulars of the steps taken for notifying the bankrupt of the time and place for the initial interview; and
(c) the terms proposed to be complied with by the bankrupt for the relevant period to commence to run pursuant to section 30AC(4) of the Ordinance.
(3) The court must—
(a) fix the date, time and place for hearing the application; and
(b) give notice of the hearing to the trustee and the bankrupt.
(4) The trustee must send a copy of the report or affidavit to the bankrupt so as to reach the bankrupt at least 21 days before the date fixed for the hearing.
(5) The bankrupt may, not less than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that the bankrupt intends to deny or dispute.
(6) The bankrupt must, not less than 4 days before the date of the hearing, send a copy of the notice under subrule (5) to the trustee.
(7) If the court makes a non-commencement order against the bankrupt, the trustee must, within 14 days after the date of the order, send a copy of the order to—
(a) the bankrupt; and
(b) (where the trustee is not the Official Receiver) the Official Receiver.
(1 of 2016 s. 10)

89B. Trustee’s notice of commencement of relevant period
The trustee’s notice filed with the Registrar under section 30AC(3)(a) of the Ordinance must be in a prescribed form.
(1 of 2016 s. 10)

### Bankruptcy Rules 《破產規則》

90. Application by bankrupt for early discharge
(1) If the bankrupt applies under section 30B of the Ordinance for an order discharging him from bankruptcy, he shall give to the trustee notice of the application, and deposit with him such sum as the latter may require to cover his costs and expenses of the application.
(2) The court, if satisfied that subrule (1) has been complied with, shall fix the date, time and place for the hearing of the application, and give at least 42 days’ notice of it to the trustee and the bankrupt. (L.N. 150 of 2014)
(3) The trustee shall give notice accordingly to every creditor who, to the trustee’s knowledge, has a claim outstanding against the estate which has not been satisfied.
(4) Notices under subrule (3) shall be given not later than 14 days before the date fixed for the hearing of the bankrupt’s application. (L.N. 150 of 2014)
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

91. Report or affidavit of trustee
(1) Where the bankrupt makes an application under section 30B of the Ordinance, the trustee shall, at least 21 days before the date fixed for the hearing of the application, file in court, where the trustee—
(a) is the Official Receiver, a report; or
(b) is not the Official Receiver, an affidavit,
containing the following information with respect to the bankrupt—
(i) any failure by him to comply with his obligations under the Ordinance;
(ii) the circumstances surrounding the present bankruptcy, and those surrounding any previous bankruptcy of his;
(iii) the extent to which, in the present and in any previous bankruptcy, his liabilities have exceeded his assets; (1 of 2016 s. 11)
(iv) particulars of any distribution which has been, or is expected to be, made to creditors in the present bankruptcy or, if such is the case, that there has been and is to be no distribution; and (1 of 2016 s. 11)
(v) particulars of any non-commencement order against the bankrupt, (1 of 2016 s. 11)
and the trustee shall include in his report or affidavit any other matters which in his opinion ought to be brought to the court’s attention.
(2) The trustee shall send a copy of the report or affidavit to the bankrupt so as to reach him at least 14 days before the date of the hearing of the application under section 30B of the Ordinance.
(3) The bankrupt may, not later than 7 days before the date of the hearing, file in court a notice specifying any statements in the trustee’s report or affidavit that he intends to deny or dispute and, where he does so, he shall send a copy of it, not less than 4 days before the date of the hearing, to the trustee.
(4) The trustee and any creditor may appear on the hearing of the bankrupt’s application, and may make representations and put to the bankrupt such questions as the court may allow.
(L.N. 77 of 1998)

### Bankruptcy Rules 《破產規則》

92. Certificate of discharge
(1) Where it appears to the court that a bankrupt is discharged, whether by expiration of time or otherwise, the court shall, on his application, issue to him a certificate of his discharge, and the date from which it is effective.
(2) The discharged bankrupt may require the trustee to give notice of the discharge—
(a) in the Gazette;
(b) in any newspaper in which the bankruptcy was advertised; or
(c) in both.
(3) Any requirement by the discharged bankrupt under subrule (2) shall be addressed to the trustee in writing and the trustee shall notify him forthwith as to the costs of the advertisement and is under no obligation to advertise until that sum has been paid. (L.N. 150 of 2014)
(4) Where the discharged bankrupt has died, the references to him in subrules (2) and (3) are to be construed as referring to his personal representative. (L.N. 150 of 2014)
(5) A discharge under section 30A, 30B or 30C of the Ordinance does not release the bankrupt from any obligation arising under a confiscation order made under section 3 of the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405).
(L.N. 77 of 1998)

93. Deferment of issue of order pending appeal
An order made by the court on an application by the bankrupt for discharge under section 30B of the Ordinance may be stayed and not be gazetted until the time allowed for appealing has expired or, if an appeal is entered, until the appeal has been determined.
(L.N. 77 of 1998)

94. Costs in respect of discharge
Any costs or expenses which the trustee may have to pay arising under rules 88 to 93 shall be paid out of the bankrupt’s estate, not by the trustee personally.
(L.N. 77 of 1998)

99A. Four clear days’ notice to be given of meeting
If a general meeting of the bankrupt’s creditors is to be held for the purpose of appointing a first trustee, the provisional trustee shall summon the meeting, which shall be held within 16 weeks of the date of the bankruptcy order, by giving not less than 4 clear days’ notice of the date, time and place thereof in the Gazette and in a local newspaper.
(L.N. 77 of 1998; L.N. 123 of 2007)