### Bankruptcy Ordinance 《破產條例》

135. Bankrupt absconding with property
If any person who is adjudged bankrupt after the presentation of a bankruptcy petition by or against him, or within 6 months before such presentation, quits Hong Kong and takes with him, or attempts or makes preparation to quit Hong Kong and take with him, any part of his property to the amount of $100 or upwards, which ought by law to be divided amongst his creditors, he shall (unless he proves that he had no intent to defraud) be guilty of an offence.
(Amended 47 of 1984 s. 16; 50 of 1991 s. 4; 76 of 1996 s. 67)[cf. 1914 c. 59 s. 159 U.K.]

136. Debtor concealing himself to avoid service, etc.
If any person against whom a bankruptcy order is made conceals himself or absents himself from his usual or last known place of abode or business or quits Hong Kong, with intent to avoid service of any process in bankruptcy or to avoid examination in respect of his affairs or otherwise to defeat, embarrass or delay any proceedings against him in bankruptcy, he shall be guilty of an offence. A person who, after the presentation of a bankruptcy petition by or against him or within 3 months next before such presentation, conceals or absents himself as aforesaid or quits Hong Kong shall until the contrary is proved be deemed to have concealed or absented himself or quitted Hong Kong with such intent as is mentioned in this section.
(Amended 47 of 1984 s. 16; 50 of 1991 s. 4; 76 of 1996 s. 73)

### Bankruptcy Ordinance 《破產條例》

138. Order by court for prosecution on report of trustee
Where the Official Receiver or a trustee in a bankruptcy reports to the court that in his opinion a bankrupt who has been adjudged bankrupt has been guilty of any offence under this Ordinance, or where the court is satisfied upon the representation of any creditor or member of the creditors’ committee that there is ground to believe that the bankrupt has been guilty of any such offence, the court shall, if it appears to the court that there is a reasonable probability that the bankrupt will be convicted and that the circumstances are such as to render a prosecution desirable, order that the bankrupt be prosecuted for such offence, but no such order shall be a condition antecedent to any prosecution under this Ordinance.
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 76 of 1996 ss. 63, 72 & 74)[cf. 1914 c. 59 s. 161 U.K.; 1926 c. 7 s. 8 U.K.]

139. Criminal liability after discharge or composition
Where a bankrupt has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a voluntary arrangement has been approved.
(Amended 76 of 1996 ss. 68 & 72)[cf. 1914 c. 59 s. 162 U.K.]

### Bankruptcy Ordinance 《破產條例》

140. Trial and punishment of offences
(1) A person guilty of an offence under this Ordinance in respect of which no special penalty is imposed by this Ordinance shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 22 of 1950 s. 3; 50 of 1991 s. 4)
(2) Summary proceedings in respect of any such offence shall not be instituted after 1 year from the first discovery thereof either by the Official Receiver or by the trustee in the bankruptcy, or in the case of proceedings instituted by a creditor, by the creditor, nor in any case shall they be instituted after 3 years from the commission of the offence.
(3) In an indictment for an offence under this Ordinance it shall be sufficient to set forth the substance of the offence charged in the words of this Ordinance specifying the offence, or as near thereto as circumstances admit, without alleging or setting forth any debt, trading, adjudication, or any proceedings in, or order, warrant or document of, the court acting under this Ordinance. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 76 of 1996 s. 69)
[cf. 1914 c. 59 s. 164 U.K.; 1926 c. 7 s. 10 U.K.]

141. Evidence as to frauds by agents
A statement or admission made by any person in any compulsory examination or deposition before the court on the hearing of any matter in bankruptcy shall not be admissible as evidence against that person or (unless they married after the making of the statement or admission) against the spouse of that person in any proceeding in respect of an offence under the Theft Ordinance (Cap. 210).
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 21 of 1970 s. 35; 76 of 1996 s. 71)[cf. 1914 c. 59 s. 166 U.K.]

142. Summary prosecution
Any offence under this Ordinance may be dealt with summarily by a magistrate.
(Amended 23 of 1933 s. 2; 33 of 1939; G.N. 840 of 1940 Supp. Schedule)

### Bankruptcy Ordinance 《破產條例》

143. (Omitted as spent—E.R. 1 of 2019)